Kerala actor assault case: HC declines to suspend sentence of two more convicts

The Kerala High Court has rejected the pleas of Saleem and Pradeep, the fifth and the sixth accused in the actor assault case of 2017 to suspend their punishment in the case. 

The Division Bench of Justices Raja Vijayaraghavan and K.V. Jayakumar found that there was sufficient evidence on record to prove the alleged conspiracy and that they had "executed their plan with precision.”

Pradeep had contended that he was a bus conductor, and on the day of the crime, he was picked up from the bus stop after work by certain persons known to him, and dropped off at his residence. Saleem argued that he was a call taxi driver and that he drove the vehicle from Vennala to Kakkanad, and there, the survivor asked him to purchase a bottle of water, and that till that time, she had not raised any complaints. After the stop at Kakkanad, the first accused, N.S. Sunil, a.k.a ‘Pulsar’ Suni, had driven the vehicle. Pradeep and Saleem also claimed that they had no connection with the crime or the conspiracy and that the prosecution had not produced any evidence to prove otherwise. 

The prosecution had alleged that Pradeep, along with the other accused, facilitated the rape that occurred in February 2017, abducted the survivor and outraged her modesty. Moreover, they contended that Pradeep had subsequently absconded and attempted to conceal evidence. 

The Bench observed that the Ernakulam Sessions Court had concluded the presence and involvement of Pradeep in the crime after evaluating the location details, the statement of the survivor, digital evidence, along with the act and conduct of the accused.

It had earlier denied the plea for the suspension of sentence of Sunil, the prime accused in the crime. 

Six of the accused had been convicted by the Sessions Judge, awarding each one 20 years’ imprisonment on two counts of gang rape, 10 years’ imprisonment for assault and use of criminal force on a woman with the intent to disrobe her, and one year’s simple imprisonment for wrongful confinement. It also found them guilty of destroying evidence and taking and distributing obscene images. 

The allegations levelled against the accused in the crime were that actor Dileep, the 8th accused, conspired with Mr. Sunil to abduct, sexually assault and record explicit visuals of the survivor, to defame, harass and traumatise her. The prosecution contended that Sunil agreed to commit the alleged crime for money and reportedly carried it out in collaboration with the other accused. 

Mr. Dileep was acquitted by the Sessions Judge, citing that his involvement in the crime had not been proved beyond a reasonable doubt. A petition by the State Government is pending before the High Court seeking to enhance the punishment of the convicted and to challenge the acquittal of Mr Dileep, Charlie Thomas, Sanil Kumar, and Sarath Nair.