Kerala Actress Assault: The accused and the offences for which they were convicted/acquitted

A Kerala Court on Monday delivered the much awaited judgment in the 2017 actress assault case, acquitting accused Malayalam actor Dileep, while convicting six others.

The female actor was on her way to a film shoot location in February 2017 when she was abducted and sexually assaulted by a group of men, in a moving vehicle. The men also recorded videos of the assault. The very next day, the driver of the vehicle, Martin Antony, was arrested and within a week, Sunil NS aka Pulsar Suni, a history sheeter, was arrested. Suni was named as first accused. By the end of the month, four others were arrested and arrayed as accused.

In July, 2017, Dileep was arrested for allegedly conspiring and orchestrating the rape to extract revenge as the survivor actress had informed his now ex-wife about his extramarital affair.

Ernakulam District and Sessions Court judge Honey M Varghese pronounced verdict only on the question of conviction today. The six convicted persons will be heard once again on December 12 before the Court delivers its verdict regarding their punishment.

The following in the complete list of persons who were accused along with the offences they have been convicted/acquitted of:

Accused No.1: Sunil NS aka Pulsar Suni

Pulsar Suni was convicted under Sections 342 (wrongful confinement), 354 (use of force to outrage modesty of woman), 354B (use of force to disrobe woman), 357 (use of criminal force to wrongfully confine a person), 366 (kidnapping woman), and 376D (gang rape) of the Indian Penal Code.

He was also convicted under Section 66E (capturing, publishing or transmitting the image of a private area of any person without his or her consent) and 67A (publishing or transmitting of material containing sexually explicit act in electronic form) of the Information Technology Act for video recording the sexual assault.

He was further convicted under Section 120B of the Indian Penal Code for being part of the criminal conspiracy to commit these offences.

However, the Court acquitted Pulsar Suni of the charge of criminal intimidation under Section 506.

Accused No.2: Martin Antony

Antony was convicted under Sections 342 (wrongful confinement), 354 (use of force to outrage modesty of woman), 354B (use of force to disrobe woman), 357 (use of criminal force to wrongfully confine a person), 366 (kidnapping woman), and 376D (gang rape) of the Indian Penal Code (IPC).

He was further convicted under Section 120B IPC for being part of the criminal conspiracy to commit the above IPC offences (except kidnapping) and conspiring to commit the IT Act offences.

He was further convicted Section 109 IPC for abetting the commission of all the above-mentioned IPC offences.

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.

Accused No. 3,4,5,6: Manikandan B, Vijeesh VP, Salim H aka Vadival Salim, Pradeep

These four accused were convicted under Sections 342 (wrongful confinement), 354 (use of force to outrage modesty of a woman), 354B (use of force to disrobe woman), 357 (use of criminal force to wrongfully confine a person), 366 (kidnapping woman), and 376D (gang rape) of the Indian Penal Code (IPC).

They were further convicted under Section 120B IPC for being part of the criminal conspiracy to commit the above IPC offences (except kidnapping) and conspiring to commit the IT Act offences.

They were also found guilty under Section 109 IPC for abetting the commission of all the above-mentioned IPC offences.

Accused no.7: Charlie Thomas

Thomas was only charged under Section 212 IPC for harbouring the accused after they committed the crime. He was acquitted of this charge.

Accused No.8: P Gopalakrishnan aka Dileep

Dileep was charged for allegedly hatching the criminal conspiracy to abduct the actress, rape her and videograph the rape.

He was also charged for allegedly destroying evidence under Sections 201 and 204 (destruction or concealment of documents or electronic records to prevent them from being used as evidence) IPC.

However, he was acquitted of all charges levelled against him.

"A8 (Dileep) is not found guilty of the offences under section 120(B) read with Sections 342, 354, 354(B), 357, and 376(D) of The IPC and Section 66(E) and 67(A) of the IT Act and Section 201 and 204 of IPC and acquitted under section 235(I) CrPC," the Court's order stated.

Accused No.9: Sanilkumar aka Mesthri Sanil

Sanil was added as an accused in a supplementary chargesheet filed during trial. He was charged under Section 506 IPC (criminal intimidation) and Section 120B IPC (criminal conspiracy) for allegedly conspiring with Pulsar Suni in jail to extort money by threatening Dileep. He was acquitted of both charges.

However, he remains in prison in connection with another case in which is accused.

Accused no.15: Sarath G Nair

Nair, who was believed to be a close friend of actor Dileep, was also added as an accused by way of a supplementary chargesheet.

He was only charged under Section 201 IPC (causing the disappearance of evidence) and was acquitted of the same today.

During the course of the trial, one accused, named Vishnu, turned approver for the prosecution. Two other accused, Vipin Lal BL and Aneesh PK were pardoned and examined as prosecution witnesses.

Yet another duo accused in the case, advocate Pratheesh Chacko and his assistant Raju Joseph, were discharged during the course of the trial.