Actor Assault Case: Kerala High Court Grants Prosecution 10 More Days To Complete Witness Examination

The Kerala High Court on Tuesday granted the prosecution 10 more days from January 27 to complete the examination of witnesses before the trial court in the sensational 2017 actor sexual assault case. 

Earlier, the Court had partly allowed the application filed by the State, permitting it to summon 5 additional witnesses. In this order, the Court had directed a new Special Public Prosecutor be deputed to conduct the case and to complete the examination of the witnesses within ten days.

Justice Kauser Edappagath was inclined to grant the extension upon being informed that out of the five witnesses, three had already been examined. 

"Having heard both sides, the time granted by this court to complete the examination of witnesses vide order dated Jan 17, 2022, is extended for a further period of 10 days. Learned DGP shall see that the examination of witnesses shall be completed by the extended period of 10 days from January 27, 2022." 

The initial order is set to expire on January 27. The Court granted 10 more days time starting from January 27 to the prosecution to wrap up the witness examination in the case. 

DGP T.A. Shaji submitted that only two more witnesses were left to be examined and that summons could not be issued to these two yet. 

Senior Advocate B. Raman Pillai appeared on behalf of Dileep in the matter and prayed that this may be the last extension granted.

The State had disclosed that in perfect compliance with the above order, arrangements were made and Additional Public Prosecutor K.B. Sunilkumar was authorised to conduct the prosecution of the sexual assault case before the trial court.

It was also argued that upon new materials being brought to light in the case, the investigating agency has undertaken a further investigation and that this is proceeding effectively.

The plea for extension of time further pointed out that when the matter was heard on January 20 at the trial court, although 10 witnesses were summoned for examination and production of documents, no summons was issued to the witnesses recalled by the court.

Therefore, it was submitted that the investigating agency is not sure if summons can be served to all the witnesses giving them time to appear before the court on the scheduled dates.

In such circumstances, the State had hinted that it may not be possible to conclude the examination of witnesses within the time frame directed by the High Court.

Particularly since further investigation is underway, it was submitted that it may time some more time and that it would be just and expedient that the trial stands deferred till the final report on this further probe is submitted, subject to the orders of the Apex Court.

As such, the State pointed out that unless the time period of 10 days as given by the High Court was not extended, it would cause hardship and inconvenience to the prosecution in the case.

On these grounds, the prosecution had sought an extension of time to complete the examination of witnesses till the further investigation is complete.

Case Title: State of Kerala v. Sunil N.S & Ors

Citation: 2022 LiveLaw (Ker) 48