CHEKKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The right to plead guilty shall not be used as a device to get a lesser sentence. In the case of pleading guilty by the accused, the court should not adopt a liberal approach and no concession can be given simply on the reason that the accused pleaded guilty in the matter of awarding sentence. On the other hand, the sentence should reflect a proper balance. In the instant case, the accused remained absconded for a long time and not even appeared before the trial court, though the offence alleged are very serious offences which would come under the purview of Ss. 324, 341 and 506(i) IPC. The injury alleged to have been inflicted on the victim as evident from the wound certificate shows the manner in which the injuries were inflicted which are on the vital part, the head of the victim. That was not taken into consideration by the Magistrate while awarding a lesser sentence of fine simply on the reason that the accused through their counsel pleaded guilty. As discussed earlier, the sentence should reflect a proper balance in which the offence was committed and the gravity of injury sustained. The trial court ought to have ordered substantive sentence to the extent which would reflect a proper balance with the gravity of the injury sustained.

(2.) At this juncture, the learned counsel for the third respondent fairly submitted that the case was actually adjourned by notification for four consecutive postings, and this was the reason why the respondent could not appear in person before the trial court and pleaded guilty through the counsel.

(3.) As stated above, the mere fact that the accused came up or appeared through the counsel and pleaded guilty does not mean that he deserves only a minimum sentence. The sentence must reflect the injuries sustained by the victim with the necessary attending circumstances. Hence, the impugned order of sentence will stand set aside, and the matter is remanded back to the trial court for fresh consideration and to order a proper sentence. The accused will be at liberty to withdraw the pleading of guilty and to go for trial, if so advised. The accused shall appear before the trial court on 10/6/2024.