Kerala HC dismisses victim, state govt's petition to transfer trial in actress attack case
Nov 20, 2020
Kochi (Kerala) [India], November 20 : Kerala High Court on Friday dismissed petitions filed by the victim and state government seeking to transfer the trial in the actress attack case to another court.
A bench of Justice VG Arun dismissed the petition.
Earlier on November 16, in a hearing on the matter in the Kerala High Court, the public prosecutor had submitted, "We sought to avoid confrontation with the Court, we tried to adjust to a maximum, but we reached a tipping point when the victim was cross-examined continuously for hours. He (Accused actor Dileep) tried to prolong the case in one way or another. These circumstances exist in this case, and we were not sitting as mute spectators. We brought these circumstances to the court's notice repeatedly."
"Imagine the feelings of the victim when she had to detail her ordeal, that too before 15-20 advocates in the courtroom. The kind of cross-examination in the case with so many lawyers in the courtroom completely defeated the purpose of an in-camera trial. Even the prosecutor was unable to function, the Court itself was against him. It is settled law that a judge cannot sit as a mute spectator in a rape trial," the public prosecutor had added.
The public prosecutor further said: "The Judge ought to have referred the prosecution's grievances to the High Court which appointed her, instead, she heard dormant petitions made by the accused and took it up on a daily basis."
After this, she recorded that the prosecutor was absent. The trial Judge did not halt hearing the matter even after the prosecution expressed its reservations, the public prosecutor added.
The victim's counsel stated that "Even after the trial was deferred, the Presiding Judge went ahead and heard interim petitions in the case."
An actress, who has worked in Malayalam, Tamil and Telugu films, was abducted and allegedly molested inside her car by a group of men, who had forced their way into the vehicle on the night of February 17, 2017. She later escaped. Malayalam actor Dileep is an accused in the case.
The actress attack case is being heard in a trial court in Ernakulam.
