Actor Assault Case: State Moves Kerala High Court Seeking Extension Of Time To Examine Witnesses

The prosecution in the sensational 2017 actor sexual assault case has sought an extension of time before the Kerala High Court to examine the witnesses before the trial court. 

Earlier, the Court had partly allowed the application filed by the State challenging the trial court's order in the sensational actress sexual case which had rejected the prayer to re-examine certain witnesses and summon additional witnesses.

Aggrieved by the trial court's decision, the prosecution had moved the High Court which set aside the trial court's order to the extent it rejected the summoning of 5 additional witnesses.

In this order, the prosecution was also asked to see that a new Special Public Prosecutor was deputed or some other alternative arrangement was made to conduct the case on behalf of the prosecution and ensure that the examination of the witnesses and production of the documents as allowed as per the order is done within ten days.

The State discloses that in perfect compliance with the above order, arrangements have been made and Additional Public Prosecutor K.B. Sunilkumar has been authorised to conduct the prosecution of the 2017 sexual assault case before the trial court.

It has also been submitted 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.  

Further, an interim report has been submitted before the trial court informing that an application has been filed before the Supreme Court seeking an extension of 6 months time to complete the trial in the case. This application was taken up today. 

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 has been 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 has 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 has been 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 has 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