Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
Both the Kerala government and the survivor have alleged that the trial judge at Kerala High Court refused to record certain portions of the survivor's testimony without any justification, despite repeated requests by the prosecutor.
The government of Kerala will reach out to the Supreme Court to appeal against Kerala High Court's dismissal of pleas to transfer the trial in the sexual assault and abduction case against prominent Malayalam actor Dileep and his associates.
According to a report by Bar and Bench, Dileep is accused of planning a conspiracy that resulted in the sexual assault and abduction of a Malayalam actress.
The Kerala High Court had on 20 November dismissed petitions filed by the prosecution and the survivor to transfer the judge of the Additional Sessions Court hearing the trial in the actor sexual assault case of 2017.
During the proceedings before the High Court, both the state and the survivor had alleged that if the trial continues before the present judge hearing the matter would defeat the ends of justice.
The judicial body had dismissed the transfer petition saying that the claims by the prosecution and survivor were only "mere allegation of apprehension of bias."
As per a report by Live Law, it was alleged that the judge hearing the case sat as a "mute spectator" when she was harassed by the lawyer of the actor Dileep.
It was also alleged that the trial judge refused to record certain portions of her testimony without any justification, even though there were repeated requests made by the prosecutor.
A report by The New Indian Express said that the state government has on Friday told the Kerala High Court that the victim in the case was harassed during the trial by the advocates of the accused. They also said that the court did not take any action to stop them.
It also mentioned that the court violated the norms of in-camera proceedings and nearly 20 lawyers were allowed inside the court during the examination of the victim.
Actor Dileep is arrested and charged under various sections of the IPC, including for hatching criminal conspiracy for abduction and assault of the actress in a moving car on 17 February 2017. He was arrested on 10 July 2017 and since then has been in custody.
The actress, who has worked in Tamil and Telugu films, was abducted and allegedly molested inside her car for about two hours. They accused forced their way into the actress’s vehicle and later escaped in a busy area in Kochi.
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