Assault and abduction case against Dileep: Prosecution seeks transfer of trial, says conduct of Additional Sessions Court highly biased

The prosecution has sought leave to move the Kerala High Court seeking transfer of the trial in the assault and abduction case against Malayalam actor Dileep..Registering protest over derogatory remarks made by the Additional Sessions Court Judge against the Special Public Prosecutor during the hearings, the prosecution has petitioned the Court to halt the trial..Special Public Prosecutor A Suresan is heading the prosecution in the trial..The actor and his associates are being tried for hatching a conspiracy to take revenge on a female actor in the Malayalam film industry by having her abducted, sexually assaulted, and photographed..Citing several instances of the case being delayed on various pretexts, and certain allegations and imputations being made against the Prosecutor and the Special Prosecutor specifically, the prosecution prays for leave to move the High Court for a transfer of the case. This is necessary to ensure the fairness and the lack of bias in the trial, it is highlighted. ."The victim in this case represents the Indian society at large, and any kinds of damage to the image and trust of the system existing in the minds of the public at large will do considerable harm to the entire judicial system."Plea filed by the prosection.The prosecution has claimed that the Judge made certain remarks and allegations against the prosecution and the Special Public Prosecutor that were painful and "as good as tarnishing the honest and sincere professional career of the Special Public Prosecutor"..These statements were supposedly made in open court, following the examination of one of the prosecution witnesses. The Prosecutor had left the courtroom while the statement was made. The purported statements were uttered in the context of an anonymous letter the judge read aloud in open court. The plea states,"It is submitted that this Honourable Court also made few comments and remarks which are not to be mentioned in this petition for protecting the interest of justice.".Additionally, the prosecution makes reference to the fact that its applications to alter the court charges and cancel Dileep's bail are still pending. The petition to alter the court charge was made in February, the petition records. This violates Section 327 of the Code of Criminal Procedure, it is argued. It is thus claimed,"The prosecution firmly believes that the prosecution as well as the victim will not get fair trial and justice from this court.".Referring to the stressed trial and the protraction of the case for various reasons, the prosecution's petition lays out that "the trial of the victim (the examination) was done in a highly stressed situation and the prosecution is duty bound to protect the interests of the victim too"..As the imputations flung against the prosecution could potentially interfere with justice delivery, the petition urges for an inquiry to be carried out. The prosecution presents this prayer while stating that justice would not be served if the trial continued before the court in question..Six persons were arrested and arrayed as accused after the female actor was driven around in a car and sexually assaulted, allegedly at actor Dileep’s behest. It was alleged that the victim had a role to play in Dileep’s separation from his wife..Kerala High Court refuses to grant bail to actor Dileep in molestation case [Read Order].Previously, the actor had approached the Supreme Court seeking a copy of the memory card containing a video of the alleged sexual assault..Though his prayer was rejected, he was granted permission to inspect the contents of the same – subject to some caveats – in order to present an effective defence.