The Kerala High Court has refused to grant the benefit of the Probation of Offenders Act (PO Act) to a man convicted for an attempted offence under Section 377 (unnatural offences) and Section 506 (criminal intimidation) of the IPC. The court held that invoking probation would send a wrong message to society, given the rising cases of sexual offences against children and women.
Case Background
The accused, 19 years old at the time of the incident, was convicted by the trial court for attempting an offence under Section 377 IPC and threatening the victim.
He was sentenced to four years of rigorous imprisonment under Section 377 IPC and one year under Section 506 IPC, with sentences running concurrently.
The prosecution alleged that the accused attempted carnal intercourse with a minor boy and threatened to kill his sister if he reported the incident.
Court’s Observations
Justice C.S. Sudha noted that while there was an attempt to commit the offence, there was no actual act of penetration or unnatural intercourse, which meant that Section 511 IPC (attempt to commit an offence) applied instead of full-fledged Section 377 IPC.
Despite this, the court considered the convict’s young age. They ruled that the sentence be reduced to one day (till the rising of the court) along with a ₹25,000 compensation to the victim.
Why Probation Was Denied
Nature of the offence. Sexual offences, even attempts, require strict deterrence.
Threatening the victim. The accused not only attempted the offence but also intimidated the minor.
Legal restrictions. Though Section 6 of the PO Act restricts imprisonment for offenders under 21. It applies only if probation is deemed suitable. Since the accused was over 21 at conviction, the court ruled against its application.
Final Ruling
The High Court allowed the appeal to the extent of reducing the sentence but upheld the conviction. It balanced leniency with deterrence, ensuring that the ruling does not dilute the seriousness of such crimes.
Key Takeaways
Attempted offence under Section 377 IPC is punishable under Section 511 IPC.
Probation denied due to the nature of the offence and its societal impact.
Sentence reduced to one day (till court rises) due to the convict’s young age.
₹25,000 compensation ordered for the victim.
This verdict reaffirms that sexual offences, even in attempts, will not be taken lightly. While also acknowledging the possibility of reform in young offenders.
