Actress assault in van: Kerala High Court refuses to suspend jail sentence of vehicle driver

The Kerala High Court recently refused to suspend the jail sentence of Martin Antony, who was the driver of the vehicle in which a Malayalam cine actress was abducted and raped in 2017 [Martin Antony v. State of Kerala].

Antony had moved the High Court with an appeal against his conviction by a Sessions Court. He had also moved an application seeking to suspend the 20-year jail sentence imposed on him by the Sessions Court until his appeal before the High Court is decided.

However, a Division Bench of Justices Raja Vijayaraghavan V and KV Jayakumar did not find merit in Antony's contention that he was merely the driver of the vehicle with no knowledge of the criminal conspiracy hatched to abduct and rape the actress.

The Court, therefore, dismissed his plea for the suspension of his jail sentence.

"We are unable to accept the contention of the learned counsel for the applicant that he was only a mere driver in the MO9 vehicle, with no active role in the commission of the crime or motive. Prima facie, it appears that the applicant had assisted and aided the commission of the crime, and he had shared the common intention with all the conspirators," the Court's order said.

The Court also noted that Antony, when he was out on bail during the trial, had violated his bail conditions by making defamatory statements against the survivor actress.

The Court further stated that the crime represents an "extraordinary degree of criminal depravity" and that it has taken into consideration the larger public interest and the need to preserve public faith in the administration of criminal justice.

"Its gravity extends beyond the individual victim, as it strikes at the dignity, bodily autonomy, and sense of security of women. It would also undermine public confidence in the rule of law and the administration of criminal justice," the order reads.

Antony is among the six persons found guilty by an Ernakulam trial court for kidnapping and raping a prominent actress in 2017 in a moving vehicle, and for recording visuals of the assault.

According to the prosecution, the prime accused, Pulsar Suni was the principal executor of a criminal conspiracy allegedly hatched with cine actor Dileep to abduct and sexually assault the actress with the intention of humiliating and blackmailing her.

Dileep was acquitted by the trial court of the conspiracy charges against him.

Six accused, Sunil NS aka Pulsar Suni, Martin Antony, Manikandan B, Vijeesh VP, Salim H aka Vadival Salim and Pradeep, were found guilty of various crimes, including the offences under 120B (criminal conspiracy), 342 (wrongful confinement), 354 (use of force to outrage modesty of woman), 366 (kidnapping), 354B (use of force to disrobe woman), 357 (use of criminal force to wrongfully confine a person) and 376D (gang rape) of the Indian Penal Code.

Martin Antony was additionally found guilty under Section 201 of the IPC which penalises causing the disappearance of evidence or giving false information to screen an offender.

All six men were sentenced to undergo rigorous imprisonment of 20 years for the crime.

Suni and other co-convicts later filed pleas challenging their conviction and sentence.

The Division Bench of Justices Vijayaraghavan and Jayakumar have been hearing the applications moved by the appellants to suspend the sentence during the pendency of their appeals.

It has already dismissed the applications moved Suni, H Saleem alias Vadival Salim and C Pradeep.

Antony was represented by advocates Alex Joseph and Nisha K Peter.

The survivor actress was represented by advocate Vrinda Grover.

Special Public Prosecutor V Ajakumar appeared for the State prosecution.

[Read Order]