Kerala Actor Assault Case : Trial Court Dismisses Prosecution's Application To Stop Trial

The court trying the sensational Malayalam actor abduction and assault case has dismissed the application moved by the prosecution to stop the trail.

The Additional Sessions Judge (SPE/CBI-3) Ernakulam dismissed the application as the "prosecutor was absent in the case and the counsel representing him was reluctant to argue the case".

The prosecution's extraordinary application to postpone the trial was filed alleging that the trial judge was highly biased. The application moved by Special Public Prosecutor, A Sureshan, sought time to file a petition in the High Court seeking transfer of the case to some other court.

Dismissing the application on Friday, Special Judge Honey M Varghese instructed the investigating officer to take steps to resume the trial from November 3 to complete the proceedings within the time frame set by the Supreme Court.

"In the light of direction of Hon'ble Supreme Court to dispose of the case on or before 04.02.20201, investigating officer is directed to take urgent steps to resume the trial on 03.11.2020", the Court ordered.

Prominent Malayalam film actor Dileep is accused of hatching the criminal conspiracy behind the abduction and the sexual assault of the victim, also an actor, in a moving vehicle in the outskirts of Cochin city in February 2017.

The prosecution has so far examined 55 witnesses in the case, including certain prominent actors of the Malayalam film industry. Some of them have reportedly turned hostile. The victim of the crime has also given her statement.

The Special Prosecutor had taken exception to certain statements and remarks said to have been made by the judge during the course of witness examination.

"The prosecution honestly believes that the prosecution as well as the victim will not get fair trial and justice from this court", the application had said.

"The prosecution intends to approach the honourable High Court for transfer of the trial of this case from this Honourable Court to any other court. Therefore, it is humbly submitted that the prosecution is not in a position to conduct the trial of the above case before this court on the above grounds and also on several other grounds which are not to be mentioned here to protect the interests of justice", the plea had stated.

The prosecutor also added that the victim in this case "represents the Indian society at large, and any kind of damage to the image and trust of the system existing in the minds of the public at large will do considerable harm to the entire judicial system".

In November 2019, while rejecting Dileep's plea for a copy of the memory card allegedly containing the visuals of the sexual crime, the Supreme Court had ordered that the trial in the case should be completed expeditiously, "preferably within six months".

The Kerala Police had arrested Dileep in July 2017 alleging that he was the mastermind of the crime. After 88 days of custody, the High Court granted him bail.