Palathayi sexual assault case: Kerala moves SC against suspension of Padmarajan’s sentence

New Delhi: The Kerala government has approached the Supreme Court challenging the High Court order suspending the sentence of BJP leader and teacher Padmarajan, convicted of sexually assaulting a Class IV girl at Palathayi in Kannur. The State has filed an appeal seeking quashing of the High Court order.

Padmarajan was sentenced to imprisonment for life till the end of his natural life by the Thalassery Fast Track Special Court for sexually assaulting the 10-year-and-six-month-old girl in a school washroom. However, the High Court suspended the sentence and granted him bail, holding that there was substance in his contention that there were significant contradictions in the victim's statements.

In its appeal filed before the Supreme Court, the State has pointed out that Padmarajan had undergone only one year and 11 days in prison despite being sentenced to life imprisonment. The State contended that the High Court had suspended the sentence without pointing out any legal error or infirmity in the trial court’s judgment and that the order was therefore unsustainable in law. The appeal was filed by Standing Counsel Syed Marsooq Bafaqi on behalf of the State.

Kerala has also pointed out that the Supreme Court has held that suspension of a sentence can be granted only in exceptional circumstances, particularly where the judgment of the trial court suffers from a legal error or an untenable infirmity. The State contended that the High Court, at the interim stage before disposal of the criminal appeal, had unnecessarily and impermissibly undertaken a detailed reappraisal of the evidence considered by the trial court.

The State further submitted that the High Court’s assessment at this stage of alleged contradictions in the victim’s statement, the medical examination report and the role of various investigating agencies was contrary to the principles laid down in earlier judgments of the Supreme Court.

The offence assumes greater seriousness as the accused was a teacher who was expected to provide protection and support to the student, the State said. The appeal points out that the alleged assault took place in a school washroom, where the girl was allegedly subjected to the assault after her hands were tied and her mouth was gagged. Such an offence has serious implications for the safety of children and the conscience of society, the State submitted.

The State also contended that the High Court order failed to follow the caution mandated by the Supreme Court while considering suspension of sentences in cases involving grave offences punishable with death or life imprisonment.