2017 actress assault case: Trial court slams survivor’s counsel as state set to appeal

Kochi, Jan 12 The Kerala court, hearing the actress assault case, on Monday delivered sharp criticism at advocate T.B. Mini, counsel for the survivor, questioning her conduct and attendance during the course of the trial.

The trial court here in the infamous actress abduction case that took place here in February 2017 had recently convicted and sentenced six people, while acquitting four other accused, including popular actor Dileep.

The court on Monday observed that the actress's lawyer had appeared for around ten days during the trial and was present for no more than half an hour at a time.

Making the remarks while considering contempt of court petitions, the judge said the courtroom appeared to have been treated as a place of rest rather than a forum for serious legal engagement.

The court went on to note that during the brief periods of presence, the lawyer was often found sleeping, and yet later accused the court of not hearing or considering arguments.

The observations come against the backdrop of continued controversy surrounding the verdict in the high-profile case involving the alleged abduction and sexual assault of an actress on February 17, 2017.

The prosecution's case stated that the survivor was kidnapped after her car was intercepted near Athani in Angamaly, sexually assaulted, and subjected to the recording of obscene visuals.

In its judgment, the trial court had acquitted actor Dileep, holding that charges of criminal conspiracy and destruction of evidence were not proved beyond a reasonable doubt.

Following the verdict, advocate Mini had publicly criticised the court, particularly disputing the finding that the prosecution failed to produce convincing evidence, calling such conclusions false.

Meanwhile, the state government has obtained legal advice recommending that an appeal be filed before the Kerala High Court.

The Special Public Prosecutor’s opinion states that the trial court’s verdict cannot be accepted in full and that the acquittal of Dileep and other accused warrants appellate scrutiny.

The legal advice further notes that the convicted accused were awarded only the minimum prescribed punishment and argues that the trial court’s rejection of crucial evidence against Dileep is legally unsustainable.

It also flags portions of the lengthy judgment, alleging that unnecessary reasoning appeared to favour the accused.

Emphasising the need to uphold justice in a case that has drawn national attention, the prosecution has asserted that intervention by the higher judiciary is essential to address the perceived flaws in the trial court’s findings.

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