Actress assault case: Two convicts file appeal before Kerala High Court, seek suspension of sentence

Two persons convicted by the trial court in the Kerala actress abduction and sexual assault case have approached the Kerala High Court challenging their conviction and sentence [Pradeep v State of Kerala and connected case]

Separate criminal appeals have been filed by the accused Saleem alias Vadiwal Salim and Pradeep against the judgment dated December 12 passed by the Principal Sessions Court at Ernakulam.

When the case was taken up for hearing by Justice Bechu Kurian Thomas on Friday, the judge noted the defects raised by the registry regarding the maintainability of the appeals and posted the matter after court vacations for the convicts to cure the defects.

"Counsel appearing for the appellants seek time to address the defect. Post after vacation," the Court said.

The trial court had convicted six persons for offences including gang rape under Section 376(D) of the India Penal Code along with offences relating to criminal conspiracy, abduction, wrongful confinement and provisions of the Information Technology Act.

They were sentenced to undergo rigours imprisonment for 20 years with fines imposed under various counts.

In their petition, the two accused have stated that they had no role in the alleged conspiracy or the commission of the crime.

According to the plea, the prosecution failed to place even primary or direct evidence to establish their involvement in the crime beyond reasonable doubt.

The accused have also filed applications seeking suspension of their sentence and release on bail, pointing out that their appeals raise substantial questions of law and fact and that there may be delay in final adjudication which would entitle them to suspension of sentence until the appeals are decided.