Fri. Mar 29th, 2024
Kerala High CourtThe Hindu

Synopsis: Echoing the words of the Prosecutor, Senior Advocate S Sreekumar argued for the victim that about 20 lawyers were present in the courtroom during one case, despite restricted entry, all of whom noted her demeanour and made her repeat statements again and again (the trial was in camera proceeding).

The Kerala High Court heard transfer petition moved by the victim and the prosecution, in the case of abduction and sexual harassment, in which actor Dileep is also accused.

The Single Judge Bench of Justice, VG Arun, heard the matter today.

The Prosecutor started by speaking in open court about cases of the victim being threatened and also told the Court that it was dispensed with the service of copies of some forensic reports.

Public Prosecutor Suman Chakravarthy said that he had never hear of such a proceeding in the entire country, where the petition filed by the accused against a copy being dispensed to the prosecution. An order was passed to the impact and then sent to the CFSL.

When the Court asked, “was that not in pursuance of the Supreme Court Order?”

The Prosecutor replied that the information requested to be circulated to those concerned had been ordered by the Supreme Court.

Echoing the words of the Prosecutor, Senior Advocate S Sreekumar argued for the victim that about 20 lawyers were present in the courtroom during one case, despite restricted entry, all of whom noted her demeanour and made her repeat statements again and again (the trial was in camera proceeding).

“There was little done to stop this,” said the Senior Advocate.

The Prosecution and the Senior Counsel decided to file a comprehensive affidavit that specified everything that happened during the trial in the Court.

Actor Dilip
Deccan Herald

Justice Arun asked the Prosecutor why the allegations of assault had not previously been brought to the Trial Court attentions, at which the Counsel replied that, when incidents of irregularity took place, they had made oral submissions. In order to finish the trial at the earliest, they had desisted from filing a transfer application.

The Trial Court had not taken any action when the cases were pointed out, they stressed.

Justice Arun also asked the Senior Counsel for the victim if, as required by Section 407(3) of the Code of Criminal Procedure (Power of the High Court to move cases), an affidavit was filed by the victim accompanying her petition for move.

The Senior Advocate replied by saying she wanted her identity to be hidden. The Court told him that victims frequently submitted their versions/ affidavits in sealed covers in cases such as this, assuring the Court that this will be done as early as possible.

It is expected that the matter will be dealt with again on, November 2.

By kidnapping, sexually assaulting and taking photographs, the actor and his associates are being prosecuted for hatching a plot to take revenge on a female actor in the Malayalam film industry.

Six people were arrested and charged as suspects. It was reported that the victim had a role to play in Dileep’s separation from his wife.

The victim, as well as the prosecution team, applied for transfer of the case from the current trial court to the Kerala High Court. Before an Additional Sessions Judge, Ernakulam, the trial is pending.

On October 16, in the case led by Special Public Prosecutor A Suresan, the prosecution expressed protest over the derogatory statements made during the hearings by the Additional Sessions Court Judge against the Special Public Prosecutor.

They also raised questions about racism and the lack of justice in the courtroom, alleging frequent adjournments.

“The victim’s trial (the examination) was carried out in a highly stressed situation and the prosecutor is therefore obliged to defend victim’s interest,” read the prayer of the prosecutor.

However, their appeal for a halt to the trial and leave to approach the High Court was rejected by the Additional Sessions Court on September 23.