The trial court has dismissed the application moved by the prosecution to stop the trial of the sensational Malayalam actor abduction and assault case.
As the prosecutor was absent in the case and counsel representing him was reluctant to argue the case, The Additional Judge (SPE/CBI-3) Ernakulum dismissed the application.
The application was 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 as, the prosecutor’s extraordinary application to postpone the trial was filed alleging that the trial judge was highly biased.
On Friday Special Judge Honey.M.Varghese dismissing the application instructed “In the light of the 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.
In February 2017, Malayalam actor Dileep is accused of the criminal conspiracy of abduction and sexual assault of the victim, also an actor, in the moving vehicle in the outskirts of Cochin City.
In the case, 55 witnesses are examined by the prosecution including some prominent actors of the Malayalam Film Industry. The victim has also recorded her statement. While an examination of witnesses, the Special Prosecutor has taken exception to certain statements and remarks have been made by the judge.
The application says that “The Prosecution honestly believes that the prosecution, as well as the victim, will not get fair trial and justice from this court”.
Therefore it is humbly submitted that the prosecution is not in the position to conduct the trial before the court on the above grounds and other grounds which cannot be mentioned here to protect the interest of Justice and the prosecution intends to approach the High Court to transfer of the trial of this case to other courts, the plea stated. The Prosecutor also added that the victim in the case represents Indian society at large and any kind of damage to the image and trust in the system existing in the minds of people at large will do considerable harm to the entire judicial system.
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 t the trial in the case should be completed expeditiously, “preferably within six months”, in November 2019.
In July 2017, Kerala Police arrested Dileep alleging that he was the mastermind of the crime. High Court granted him bail after 88 days.