[Kerala actress gang rape] Not bothered by personal attacks but don't distort court proceedings: Judge Honey Varghese warns media, lawyers

Ernakulam District and Sessions Court judge Honey M Varghese on Friday cautioned the media and lawyers against publishing news reports distorting court proceedings in the gang rape of Kerala actress.

On December 8, the judge had pronounced the much-awaited verdict in the case in which Malayalam actor Dileep was a key accused. The Court acquitted Dileep but convicted six others, including first accused Pulsar Suni.

The Court, however, decided to hear the six convicted persons on the question of sentence on Friday, December 12.

Before taking up the matter today, the judge issued a warning.

She stated that maligning the court would invite contempt of court proceedings. Justice Varghese said that she is not bothered by articles on her specifically. However, distorted reporting of court proceedings will be dealt with seriously.

The judge also warned those present against recording or transmitting court proceedings in the case.

Judge Varghese further remarked that the case was one to be tried in strict compliance with the guidelines of the Supreme Court in Nipun Saxena v. Union of India which bars disclosing the identity of the survivors or victims of sexual offences. However, much of the reporting in the case has failed to comply with the guidelines, the judge said.

On February 17, 2017, the female actor was on her way to a film shoot location in Thrissur 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.

Suni remained behind bars for over 7 years until the Supreme Court granted him bail last year.

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.

His first two attempts at getting bail were rejected by the Kerala High Court, until October 2017, when the Court finally granted him bail after he spent 83 days behind bars.

On December 8, the Court acquitted Dileep of all charges.

It, however, convicted Sunil NS aka Pulsar Suni, Martin Antony, Manikandan B, Vijeesh VP, Salim H aka Vadival Salim and Pradeep.

They were found guilty of 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 Indian Penal Code.

All six were found guilty of conspiring to commit the offences 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. However, only Suni was found guilty directly under these two provisions.

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.