The prosecution will seek enhanced punishment for Antony Raju and K S Jose, who have been convicted and sentenced to three-years imprisonment in the evidence-tampering case registered in 1994. Assistant Public Prosecutor A Manmohan will send a letter to the Deputy Director of Prosecution (DDP) Zina Divakar.

"I am awaiting the certified copy of the judgement. A recommendation for higher punishment will be forwarded to the DDP," Manmohan told Onmanorama. The DDP will then forward the recommendation to the District Collector who will in turn direct the Government Pleader to file an appeal in the case asking for higher degree of sentence. 

Ruby Ismail, Judge, Judicial First Class Magistrate-1, Nedumangadu had rejected the plea of the Assistant Public Prosecutor A Manmohan to invoke the Section 325of the CrPC and submit the case to the Chief Judicial Magistrate for higher quantum of punishment. It was cited in the petition that, having regard to the nature, magnitude, and gravity of the offences proved, particularly the offence punishable under Section 409 IPC (criminal breach of trust by public servant), which carries a sentence of imprisonment for life or imprisonment extending up to ten years, the JFMC-1 was not vested with adequate sentencing power to impose a punishment which commensurates with the seriousness of the offences.

The Court however, observed that, the APP has not pointed out any specific or exceptional circumstances warranting the invocation of the power under Section 325 CrPC. "No material has been placed before this Court to show that the facts of the present case necessitate the imposition of a sentence beyond the statutory competence of this Court. In the absence of such circumstances, this Court is of the considered view that no occasion has arisen to invoke the provisions of Section 325 CrPC," the Judge noted in the order.

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The defence had submitted that both convicts have no criminal antecedents and that they have been facing criminal proceedings in this case for nearly thirty-five years. The court sentenced both the accused to simple imprisonment for a term of six months for criminal conspiracy, simple imprisonment of 3 years and fine of ₹10,000 for joint liability of the crime and simple imprisonment of 3 years for furnishing false evidence. K S Jose, the first accused in the case was sentenced to to undergo simple imprisonment for a term of 1 year and fine of ₹ 5,000 for criminal breach of trust by a public servant.

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