A Bench agreed with the Kerala High Court that allegations of bias in opposition to the trial choose have been unwarranted.
The Supreme Court on Tuesday dismissed a plea made by the Kerala authorities for transferring the trial of a sexual abuse and abduction case in opposition to Malayalam actor Dileep and a few others.
A Bench led by Justice A.M. Khanwilkar agreed with the Kerala High Court that allegations of bias in opposition to the trial choose have been unwarranted.
The State authorities, represented by advocate G. Prakash, had mentioned the trial was marred by incidents of bias in the direction of the prosecution and harassment of the sufferer.
It was the appropriate of the sufferer, a lady actor, to get a good trial, the State underscored.
“During the trial, while the examination of PW1/victim was going on in-camera, the fifth accused took pictures inside the court hall using his mobile phone. Also, the photographs of the car in which the victim has been travelling to the court were taken,” the State authorities attraction had knowledgeable the Supreme Court.
“The trial court has remained a mute spectator despite the Prosecution taking these aspects to the notice of the trial court. The proceedings before the trial court is conducted in blatant violation of Cr.PC and Indian Evidence Act,” the State had emphasised.
The authorities mentioned at the very least 40 defence legal professionals have been current within the “in-camera” cross-examination of the sufferer. By allowing a lot of legal professionals contained in the courtroom corridor, the very objective of “in camera” trial was defeated, the State petition had mentioned.
The trial choose had didn’t cease the defence from constantly questioning the sufferer concerning the particulars of the sexual assault whilst they questioned her ethical character, the attraction mentioned.
At one level, the State mentioned, the trial choose, for no obvious motive, had received “agitated and made unnecessary remarks against the Special Public Prosecutor and the investigating agency and went to the extent of stating that what was going on is not prosecution but prostitution”.
The State had additionally urged the Supreme Court to instantly keep the trial proceedings earlier than the Special Court in Ernakulam.
The police model of the case mentioned that the sufferer was held captive and assaulted by a number of the accused whereas on her solution to Kochi. They had additionally taken a video of the incident. The allegation is that Dileep masterminded the conspiracy.