The Kerala High Court has rejected a petition filed by controversial self-styled antique dealer Monson Mavunkal seeking suspension of the life sentence handed to him for repeatedly raping a minor girl, stating that the ‘heinous nature’ of the offense committed by him ‘cannot be ignored’.
A division bench of Justices P B Suresh Kumar and S Manu stated that it could proceed with the suspension of sentence only if the evidence is found to be prima facie unreliable and no other materials and circumstances proving the complicity of the accused are available.
It further mentioned that in this case, the evidence of the victim was prima facie sufficient to support the findings and conclusions arrived at by the trial court.
Additionally, the Court noted that there were other materials against Mavunkal, and therefore, his plea for suspension of sentence was liable to be rejected.
“It is to be noted that the petitioner has been awarded the imprisonment for life on three different counts by the Additional Sessions Judge. Suspending the sentence for life imprisonment can be resorted only in exceptional cases,” the court stated.
“The heinous nature of the offense allegedly committed by the petitioner (Mavunkal) cannot be ignored. The gravity of the offense is one of the relevant factors for consideration, at this stage, we are of the firm view that this application cannot be entertained. As a result, this application is dismissed,” it added.
In June 2023, POCSO court in Kerala sentenced Mavunkal to life imprisonment till the end of his natural life for repeatedly raping the minor daughter of his maid for several months from July 2019 to January 2020.
He had also conducted a pregnancy test on the victim in October 2019 and “unlawfully terminated” the pregnancy.
Mavunkal filed the application for suspension of sentence along with his appeal against the trial court’s judgment. He contended in the application that the victim’s case was “fabricated” and the prosecution’s evidence was “shaky and shabby.” Additionally, he asserted that the prosecution withheld crucial materials and manipulated facts to secure his conviction. Mavunkal also alleged that the victim’s evidence was not credible and trustworthy.
However, the High Court dismissed his contentions, stating that it had reviewed the victim’s deposition and found it to be reliable and not misleading, contrary to Mavunkal’s arguments.
A native of Cherthala, Mavunkal, who purports to possess rare and historic antiques, was apprehended by the crime branch wing of the Kerala police, investigating a case against him involving the embezzlement of Rs 10 crore from various individuals. He was taken into custody on September 25, 2021, in connection with one of the fraud cases. Since then, he has been incarcerated and is currently facing accusations in approximately 10 cases.
