Govt. to go in appeal against trial court verdict in actor rape case

The Kerala government will soon file an appeal against the verdict of the Ernakulam Principal Sessions Court in the 2017 actor rape case, challenging both the acquittal of actor Dileep and the sentences awarded to six convicts.

According to sources, the government has given its nod to file an appeal against the trial court judgment before the Kerala High Court when the court reopens after Christmas vacation.

The approval for filing the appeal was issued after considering the reports of T.A. Shaji, Director General of Prosecution, and V. Ajakumar, Special Public Prosecutor in the case.

The special court had sentenced six accused, including the first accused Pulsar Suni, to rigorous imprisonment for 20 years each, while acquitting actor Dileep, the eighth accused, and three others.

The prosecution contends that the trial court either overlooked or misread crucial evidence submitted against Mr. Dileep in the case. There is cogent, reliant, and impeccable digital and supportive evidence to prove the involvement of Mr. Dileep in the case, which the trial court failed to take into account.

While arguing for enhanced punishment for the convicts, the prosecution will also seek conviction of Mr. Dileep and the three others. The convicts should have been awarded the maximum punishment of life imprisonment, which should have been extended to Mr. Dileep also, prosecution sources indicated.

The service of the Special Public Prosecutor, who is well-versed with the facts of the case, will be made available at the High Court when the appeal comes up for hearing. The interests of the survivor will also be taken into account, the sources indicated.

Earlier, the trial court had held that the prosecution had failed to prove that Mr. Dileep conspired with Pulsar Suni and gave the quotation to humiliate and sexually assault and capture the video of the survivor in the case.

The prosecution’s case was that the actor conspired with the accused to take revenge against the woman actor for defaming him and causing the wrecking of his marital life. The court had found the first six accused guilty of gang rape, criminal conspiracy, outraging the modesty of a woman and wrongful confinement. They were also found to have committed the offence of use of criminal force, destruction of evidence and taking and distributing obscene images.