2017 actress assault case: Kerala govt files appeal in HC against actor Dileep's acquittal

Kochi, Feb 27 (PTI) The Kerala government on Friday filed an appeal in the Kerala High Court challenging the acquittal of Malayalam cinema star Dileep and others in the sensational 2017 actress sexual assault case.

In its appeal, the state is also seeking enhancement of the punishment awarded to the six people sentenced to 20 years of rigorous imprisonment in the case.

Apart from Dileep, the eighth accused in the case, the trial court had also acquitted three others -- Charley Thomas (A7), Sanil Kumar alias Mesthri Sanil (A9) and Sarath (A15).

The trial court had convicted the first six accused in the case -- Sunil N S also known as Pulsar Suni, Martin Antony, Manikandan B, Vijesh V P, Salim H, and Pradeep.

The appeal, which is likely to come up for hearing next week, claims that the acquittal of Dileep and the others was "wholly illegal and unmerited and the same gives a wrong message to the society".

It further said that considering the entire nature and circumstances of the case the trial court ought to have imposed the maximum substantial sentence and fine prescribed under law on the convicted six accused in respect of all the offences found to have been committed by them in this case, especially for the most serious offence of gang rape committed on the actress.

The appeal said that the six convicted ought to have been sentenced to imprisonment for life for the offence under section 376 D (gang rape) of IPC.

"It is really shocking to see that for the offence of gang rape the minimum punishment of 20 years was awarded," the appeal said.

It contended that the crime was committed based on a criminal conspiracy and as per a quotation for gain and "the victim was a helpless lady under their capacity" and her protest or request never changed the mind of the six accused from executing the "heinous" crime on her.

"The manner in which it was committed was also cruel. The offence of sexual assault was video graphed and the same were exhibited and transmitted," the state said.

It also said that while the trial court rightly found the first six accused in the case as guilty of the various offences charged against them, "it has miserably failed to impose adequate sentence of imprisonment and fine upon them.

The state has urged the High Court to set aside the acquittal of Dileep and the others and to hold them guilty of the offences for which the first six accused were convicted and sentenced to 20 years.

It also urged the High Court to enhance the sentence of imprisonment and fine imposed on the first six accused, in respect of the offences for which they have been found guilty, as deemed fit and proper "by taking into consideration the nature and seriousness of the crime committed by them and the trauma and sufferings undergone by the victim and the fear it created in the society".

According to the prosecution, the eighth accused (Dileep) conspired with the first accused (Sunil) and instructed him to commit sexual assault on PW1 (victim) and to capture her nude visuals, as he was harbouring enmity and vengeance against her.

There were initially 15 accused in the case of whom three were granted pardon and examined as witnesses and two others were discharged by the Kerala High Court with the remaining 10 facing trial in the case.

The 2017 assault on a multi-lingual actress, in which miscreants forced their way into her moving car on February 17 and held her captive for two hours, profoundly shook the conscience of Kerala society.

Prime accused Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.

Actor Dileep, who was accused of conspiring in the crime, was arrested during the investigation.

However, after a near six-year trial, the court found him not guilty. PTI HMP ROH