Witness In Actor Assault Case Moves Kerala High Court Against Investigating Officer Alleging Harassment

The Kerala High Court on Friday considered a petition filed by Sagar Vincent, a witness in the 2017 actor sexual assault case alleging that investigating officer in the case Biju Paulose was threatening him.

Justice Anu Sivaraman asked the Government Pleader to get instructions in the matter while posting it next week for consideration. 

As per the plea, the respondent officer demanded the petitioner to give a statement as tutored by him under Section 164 of CrPC. However, the petitioner gave an honest statement before the Magistrate. 

It is alleged that the respondent also urged the petitioner to give evidence as instructed by him, but that the petitioner paid no heed to him. 

Following this, the petitioner contends that the officer has been threatening him with dire consequences unless he disowns his earlier statements. 

It is the case of the petitioner that since he did not succumbs to these 'illegal demands', the respondent officer has been harassing him to the maximum extent to make sure that he gives statements as required by the officer.

It is further alleged that the officer has been harassing for over four years already, 'making his life wretched and miserable'.

"Ever since the petitioner gave evidence before the court below, the police led by the 1st respondent has been haunting the petitioner one way or the other to see that the petitioner retracts from the evidence given by him on oath before the court below," reads the plea. 

It has been submitted that the conduct of the officer and his associates are highly unjust, illegal, arbitrary and violative of fundamental rights under Articles 14 and 21 of the Constitution. 

Moreover, the plea states that the officer has been frequently issuing notice to the petitioner summoning him to appear before him under section 161 of CrPC. 

Apprehending physical and mental torture at the hands of the respondent officer, the petitioner moved the Court. Advocates R. Bindu Sasthamangalam, G. Rajagopal and Thejus Purushothaman appeared for the petitioner. 

The petitioner was earlier an employee of a business concern that belonged to the brother of actress Kavya Madhavan. However, he resigned from this job in July 2017 over salary enhancement issues and has been making a living as an autorickshaw driver ever since. 

In 2017, a prominent actor was raped in a moving vehicle and the incident was recorded on a mobile phone. This assault was purportedly a part of the conspiracy hatched by actor Dileep. Dileep is currently facing trial as the 8th accused in this case before the Special Sessions Court.  

Case Title: Sagar Vincent v. Biju Paulose & Ors.