SALJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was convicted for the offences punishable under Section 324 of IPC vide order dated 28.02004 by the Additional Sessions Judge (Ad hoc)-1, Kottayam and sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 5000/- and in default of payment of fine to undergo simple imprisonment for a further period of six months. The appellant challenged the said order in Criminal Appeal No.502 of 2004 before the High Court of Kerala. The High Court by its order dated 16.12014 while confirming the conviction modified the sentence by awarding three months of rigorous imprisonment and to pay fine of Rs. 10,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of three months.

(3.) On 20.02.2017, this Court issued notice limited to the question whether the alternate punishment of fine would suffice the ends of justice and whether the punishment of imprisonment was justified in view of the fact that the appellant was found guilty of offence under Section 324 IPC committed almost 19 years back.