The Madras High Court emphasized that criminal sentencing must uphold truth and public safety while ensuring proportionality and rehabilitation. The ruling came as the court granted probation in a major overseas job scam case.
Thank you for reading this post, don't forget to subscribe!
CHENNAI: The Madras High Court, Madurai Bench, has upheld the conviction of a Madurai woman involved in an overseas job scam but has spared her jail time after she returned the money to the victims. Justice L. Victoria Gowri passed the order on November 13, 2025, granting the accused, Krishnakumari alias Pragalya, probation for one year under the Probation of Offenders Act, 1958.
Krishnakumari had been convicted under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code for duping three hospital employees with false promises of lucrative jobs in Cuba. Although the conviction remains intact, the High Court replaced her one-year imprisonment with supervised probation, taking into account her voluntary restitution and 141 days of pre-trial custody already served.
Background
According to the prosecution, Krishnakumari and a Kenyan national, Aso Jebro Samuel, fabricated a job placement scheme by claiming that Aso’s father owned a hospital in Cuba.
They targeted three staff members from Vadamalayan Hospital, identified as:
- Mohammed Rakip
- Saravanakumar
- Suresh Krishnan
Between April and October 2018, the victims paid ₹3 lakh each through ATM transfers, bank deposits, and cash transactions. To make the scheme appear legitimate, the accused allegedly issued forged offer letters, fake flight tickets, and collected the victims’ passports, which were recovered only during the police investigation.
When the victims confronted the accused in February 2019 near Vasantham Hotel, Ayyar Bangalow, they were allegedly threatened, leading to the registration of an FIR under IPC Sections 406, 420, and 506(ii). A charge under Section 14 of the Foreigners Act, 1946, was later added against the Kenyan co-accused for overstaying.
Lower Court Proceedings and Appeal
In February 2022, the trial court convicted both accused and sentenced them to one year of simple imprisonment for each charge, with sentences to run concurrently. An appellate court affirmed the conviction in 2024.
Krishnakumari subsequently approached the High Court with a criminal revision petition, challenging the evidence and citing inconsistencies and delays in the FIR. The prosecution, however, argued that victim testimonies, bank records, and passport recovery conclusively proved her involvement.
High Court Observation
During the High Court proceedings, Krishnakumari expressed willingness to compensate the victims. On August 28, 2025, each of the three victims confirmed they had received ₹2.5 lakh from her, completing restitution.
Justice Gowri highlighted that criminal sentencing should balance truth, protection of society, proportionality, and rehabilitation. She noted that imprisonment may not serve a meaningful purpose when complete restitution and prospects of reform exist.
The court therefore invoked Sections 3 and 4 of the Probation of Offenders Act, directing the Probation Officer of Madurai District to assess her background. Subject to a favorable report, Krishnakumari will:
- execute a ₹25,000 bond with one surety,
- remain under probationary supervision for one year,
- Maintain good conduct during the period.
Importantly, the relief does not extend to the Kenyan co-accused, whose conviction remains unchanged.
Case Title:
Krishnakumari @ Pragalya vs. The State of Tamilnadu
CRL RC(MD)No.1267 of 2024
READ ORDER
