Malayalam actor rape case | Supreme Court dismisses Kerala plea for transferring trial
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A Bench agreed with the Kerala High Court that allegations of bias in opposition to the trial decide had been unwarranted.
The Supreme Court on Tuesday dismissed a plea made by the Kerala authorities for transferring the trial of a sexual abuse and abduction case in opposition to Malayalam actor Dileep and a few others.
A Bench led by Justice A.M. Khanwilkar agreed with the Kerala High Court that allegations of bias in opposition to the trial decide had been unwarranted.
The State authorities, represented by advocate G. Prakash, had stated the trial was marred by incidents of bias in direction of the prosecution and harassment of the sufferer.
It was the correct of the sufferer, a lady actor, to get a good trial, the State underscored.
“During the trial, while the examination of PW1/victim was going on in-camera, the fifth accused took pictures inside the court hall using his mobile phone. Also, the photographs of the car in which the victim has been travelling to the court were taken,” the State authorities attraction had knowledgeable the Supreme Court.
“The trial court has remained a mute spectator despite the Prosecution taking these aspects to the notice of the trial court. The proceedings before the trial court is conducted in blatant violation of Cr.PC and Indian Evidence Act,” the State had emphasised.
The authorities stated at the very least 40 defence attorneys had been current within the “in-camera” cross-examination of the sufferer. By allowing numerous attorneys contained in the courtroom corridor, the very function of “in camera” trial was defeated, the State petition had stated.
The trial decide had did not cease the defence from repeatedly questioning the sufferer in regards to the particulars of the sexual assault at the same time as they questioned her ethical character, the attraction stated.
At one level, the State stated, the trial decide, for no obvious purpose, had acquired “agitated and made unnecessary remarks against the Special Public Prosecutor and the investigating agency and went to the extent of stating that what was going on is not prosecution but prostitution”.
The State had additionally urged the Supreme Court to right away keep the trial proceedings earlier than the Special Court in Ernakulam.
The police model of the case stated that the sufferer was held captive and assaulted by among the accused whereas on her approach to Kochi. They had additionally taken a video of the incident. The allegation is that Dileep masterminded the conspiracy.
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