Kerala High Court heard the transfer petitions moved by the sexual assault victim and the prosecution in the case related to the abduction and sexual assault of a Malayalam actress. Actor Dileep is also an accused in the case.
Single Judge Bench of Justice VG Arun heard both the matters.
The prosecutor spoke about the instances of the victim being harassed in an open court in the presence of 20 lawyers even after in-camera proceedings. The prosecutor also informed the court that service of copies of some forensic reports to the prosecution was dispensed with.
“In the entire country milord, we’ll never hear of such a proceeding where the petition filed by the accused (against a) copy (being) dispensed to the prosecution. An order was passed to the effect and then sent to the CFSL!,” said Public Prosecutor Suman Chakravarthy.
The apex court then asked, “Was that not in pursuance of the Supreme Court Order?”
Prosecutor Chakravarthy replied that the top court had issued the directions that the material sought to be distributed to all who are concerned in the case.
Supporting the prosecutor, Senior Counsel S Sreekumar contended that around 20 lawyers were present during one instance in the courtroom, despite entry being restricted, all of whom were noting her demeanor and making her repeat statements again and again (the trial was in-camera). “Nothing was done to stop this,” added Sreekumar.
Both of them, prosecutor and senior counsel, has decided to file a detailed affidavit stating verbatim all that transpired in the Court during the trial.
The bench asked the prosecution why the harassment charges were not mentioned earlier. To which, counsel replied that they had made the oral submissions and whenever the irregularity took place. ‘
“No action had been taken by the Trial Court when the instances were pointed out, they emphasized. This is an unusual case where even the prosecution alleges bias on the part of a trial proceeding!,” stated counsel.
The bench during the hearing has asked the counsel whether the victim had filed an affidavit accompanying her transfer petition as mandated under Section 407(3) of the Code of Criminal Procedure.
The matter is expected to be heard on November 2.
The actor and his associates are booked for hatching a conspiracy against the female co-actor of the Malayalam industry. They are alleged of abducting, sexually harassing, and photographing the actress. Six persons have been booked so far.
