'Sentencing Must be Proportionate, Purposive': Madras HC Upholds Fraud Conviction but Spares Jail After Repayment

The Madras High Court, Madurai Bench, recently upheld the conviction of a Madurai woman for duping three hospital staff members with false promises of overseas employment but spared her from serving jail time, opting instead to place her under probation for a year after she repaid the victims.

The bench of Justice L. Victoria Gowri passed the order on November 13, 2025, in a criminal revision petition filed by Krishnakumari alias Pragalya, who was convicted under Sections 406 and 420 of the Indian Penal Code for criminal breach of trust and cheating. Court maintained her conviction but replaced her one-year prison sentence with a probationary term under the Probation of Offenders Act, 1958, noting that she had voluntarily returned the cheated amount to the victims.

According to the prosecution, Krishnakumari, along with a Kenyan national named Aso Jebro Samuel, lured three employees of Vadamalayan Hospital, namely Mohammed Rakip, Saravanakumar, and Suresh Krishnan, by claiming that Aso’s father ran a hospital in Cuba and could arrange lucrative jobs for them there. The victims, who worked in the hospital’s reception and administrative departments, were induced to pay Rs. 3 lakh each between April and October 2018 through bank deposits, ATM transfers, and cash payments.

The accused allegedly issued forged “offer letters” and “flight tickets” to make the scheme appear genuine. The victims’ passports were also taken and not returned until police recovered them during investigation. When the victims confronted the accused near Vasantham Hotel in Ayyar Bangalow, Madurai, in February 2019, demanding their money back, they were reportedly threatened, prompting the registration of an FIR under Sections 406, 420, and 506(ii) of the IPC. A charge under Section 14 of the Foreigners Act, 1946, was later added against the Kenyan accused for overstaying in India.

The trial court convicted both accused in February 2022, sentencing them to one year of simple imprisonment for each IPC count, with the sentences to run concurrently. The appellate court upheld the findings in 2024, prompting Krishnakumari to approach the high court.

Before Justice Gowri, the petitioner’s counsel argued that the prosecution’s evidence suffered from inconsistencies and that the delay between the alleged incident and the FIR cast doubt on the case. He also contended that her role in receiving payments was not conclusively proved. The prosecution, however, maintained that the oral testimonies of the victims, the banking records, and the recovery of passports clearly established her guilt.

During the revision proceedings, Krishnakumari appeared before the court and expressed willingness to make restitution. The victims subsequently appeared on August 28, 2025, and confirmed in open court that they had each received Rs. 2.5 lakh from her. Taking note of this development, the court acknowledged the full restitution and considered the 141 days of pre-trial custody already undergone by the petitioner.

Justice Gowri observed that sentencing should not be purely retributive when restitution and rehabilitation are achievable. “The criminal process must vindicate truth and protect the community, yet sentencing must remain proportionate and purposive,” she remarked in the order.

While affirming the conviction, court invoked Sections 3 and 4 of the Probation of Offenders Act and directed the Probation Officer, Madurai District, to submit a report on Krishnakumari’s background within ten days. Subject to a favourable report, she will be released on a bond of Rs. 25,000 with one surety, to remain under supervision for one year and maintain good conduct.

The judgment clarified that the relief applied only to Krishnakumari and did not affect the conviction of her Kenyan co-accused, whose case remains as decided by the lower courts.

Case Title: Krishnakumari @ Pragalya vs. The State of Tamilnadu

Order Date: November 13, 2025

Bench: Justice L. Victoria Gowri