ASWATHY S. A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of Sri.Binu Vijayan, who is convicted to undergo rigorous imprisonment for 20 years with a fine of Rs.50,000.00 for offence punishable under Sec. 3(a) read with 4(2) of the Protection of Children from Sexual Offences Act, 2012. It is stated that the father of the convict died on 11/4/2025 and Ext.P2 application for an emergency leave to perform the last rites of the father of the convict was placed before the 4th respondent on 12/4/2025. The convict was escorted to his residential house to participate in the funeral of his father. The petitioner submits that the convict is the eldest son of the deceased, and his presence is required for the 'Sanjayanam' which is scheduled to be held on 17/4/2025 and also for completing the 16th day ceremonies, which is to be conducted on 28/4/2025. The petitioner relies on Exts.P3 and P4 judgments, wherein this Court had in similar circumstances granted emergency leave for the purpose of conducting the marriage of children.

(2.) The learned Public Prosecutor submits that the offences charged against the convict are heinous and the convict has been convicted to undergo rigorous imprisonment for 20 years, and also submits that the emergency leave may be restricted to 16/4/2025 and 28/4/2025.

(3.) Having heard the learned counsel appearing for the parties, this Court is of the opinion that emergency leave till 28/4/2025 can be granted to the convict for completing last rites of his father. This Court is taking note of the fact that the parties belongs to Hindu religion and the rituals are to be conducted by him in person being the eldest son.