Kochi: The Ernakulam Principal Sessions Court on Friday sentenced all six convicts in the 2017 actress sexual assault case to 20 years’ rigorous imprisonment for gang Rape (376 D) and criminal conspiracy (120 B). Principal Sessions Judge Honey M Varghese, who pronounced the sentence, also slapped a fine of ₹50,000 on each of them.  If the fine is not paid, they will have to serve an additional year of imprisonment. The convicts — Sunil alias Pulsar Suni, Martin Antony, Manikandan B, Vijesh VP, Salim H and Pradeep — were brought from jail to the court in the morning ahead of the sentencing.

Pulsar Suni (A1) has also been sentenced to 3 years of rigorous imprisonment and a ₹1 lakh fine for recording the assault visuals under Section 66E of the IT Act. He has also been given 5 years of rigorous imprisonment and a ₹1 lakh fine under Section 67A for sharing those visuals. Martin Antony (A2) was also awarded 3 years of rigorous imprisonment and a ₹25,000 fine for destroying evidence under Section 201 of the IPC. All six accused (A1 to A6) have been sentenced to 10 years of rigorous imprisonment and a ₹25,000 fine each under Section 366 of the IPC for kidnapping. In total, Pulsar Suni was fined ₹3.25 lakh, Martin Antony ₹1.5 lakh, and the others ₹1.25 lakh each.

The time all accused persons have already spent in judicial custody during investigation, inquiry, or trial is to be deducted from their final sentence of imprisonment, reducing the actual time they must serve. 

Of the total fine imposed on the convicts, ₹5 lakh is to be handed over to the survivor once received. Her gold ring must also be returned to her, said the court. The court ordered that custody of the XUV 500 in which the crime was committed be made absolute, effectively releasing the vehicle to its owner. It also directed that the pen drive containing the assault visuals, currently with the Investigating Officer, be handled with due diligence to ensure the survivor’s privacy is fully protected.

"This is the least sentence that can be given for these charges. The sentencing is disappointing. It sends a wrong message to society. The prosecution will recommend that the State government file an appeal in the case," Special Public Prosecutor V Aja Kumar said following the court order. Meanwhile, Pulsar Suni’s advocate, Pratheeksh Kurup, said they had hoped for an acquittal but described the verdict as “reasonable” since the court found A1 guilty. “We will definitely file an appeal once we receive a copy of the judgment,” he told Onmanorama.

Advocate Mini T B, advocate of the survivor, told Onmanorama that the quantum of punishment is inadequate. Referring to the 2011 case in which a 23-year-old woman was raped and murdered by Govindachamy, she said that even in that case, he was sentenced to life imprisonment till death. "This is even cruel, and 20-year jail term is disappointing," she said. Mini said that she will comment further after going through the judgement in detail. She added that, in effect, Suni will serve less than 10 years in prison, as the remand period will be reduced from the sentence.

The prosecutor had argued that all six convicts should receive the maximum punishment for each charge for which they had been found guilty. “Since all the accused have been convicted under Section 376D (gang rape) and 120B (criminal conspiracy), they should receive the same punishment. All of them must be treated equally when it comes to sentencing,” Kumar submitted. The prosecution also argued that the punishment should not merely penalise the individuals but also serve as a strong deterrent to society.

Meanwhile, counsel for Pulsar Suni argued that he did not deserve the maximum punishment as it was “not an extreme form of rape.” The prosecution countered this argument by citing Supreme Court guidelines issued after the Nirbhaya case. The court concurred, asking, “What about the survivor’s helplessness then?”

Before sentencing, the court asked the convicts if they wished to make any submissions. The first accused, Suni, said he has only an elderly mother at home. Martin Antony broke down in court, claiming he had no knowledge of the crime and insisting he had been jailed unjustly. “I have been in prison for five and a half years for a crime I did not commit. I have never had even a petty case against me before this. I am innocent. I have ailing, elderly parents, and I am their only support. My job is the only source of income for my family. I humbly request the court to consider my innocence and acquit me,” he said.

Meanwhile, Manikandan told the court that he had no criminal history. “I have a wife, a nine-year-old son and a two-and-a-half-year-old daughter. I am the only support they have,” he said. Vijesh VP requested a reduced sentence and a transfer to Kannur Jail, while Salim H also maintained that he was innocent.
The court also criticised sections of the media for launching personal attacks against the judge after the pronouncement of the verdict.

On December 8, the court had convicted the first six accused while acquitting actor Dileep and three others. The verdict marked a turning point in the high-profile case that had shaken Kerala and the Malayalam film industry nearly eight years ago. Kumar had earlier stated that the convicts could face life imprisonment for multiple offences, including rape, conspiracy and abetment.

The court found the convicted men guilty of grave offences under the IPC (as it stood in 2017) and the IT Act, including criminal conspiracy, wrongful confinement, gang rape, kidnapping, abetment and using criminal force with intent to outrage a woman’s modesty. Pulsar Suni was additionally convicted under Sections 66(E) and 67(A) of the IT Act for recording and sharing sexually explicit material. Martin Antony was also convicted of causing the disappearance of evidence.

Actor Dileep (A8) was acquitted after the court held that the prosecution had failed to prove that he conspired to orchestrate the assault. He was cleared of conspiracy, destruction of evidence and IT Act offences. His bail bond was cancelled and he was set at liberty. Three others — Charley Thomas, Sanil Kumar and Sarath G Nair — were also acquitted.

The survivor, a prominent multilingual actor, was assaulted on the night of February 17, 2017, after a group of men allegedly forced their way into her vehicle, held her captive for nearly two hours and recorded explicit visuals before fleeing.