Actress assault case: Kerala High Court refuses to suspend sentences of two more convicts

The Kerala High Court recently rejected the pleas by H Saleem alias Vadival Salim and C Pradeep to suspend the jail sentence awarded to them following their conviction by a trial court in the 2017 actress abduction and sexual assault case [Saleem H @ Vadival Salim v State of Kerala and connected case].

Salim and Pradeep have filed appeals before the High Court challenging their conviction and sentence in the case. They had also urged the High Court to suspend their jail sentence while the appeals remain pending.

The Court, however, observed that there was prima facie material to show that the two accused had participated in the criminal conspiracy to commit the alleged offences.

A Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar, therefore, dismissed their pleas seeking the suspension of their jail sentence.

"Prima facie, there are sufficient evidence on record to prove the alleged conspiracy between the accused nos. 1 to 6 and they have acted in furtherance of the said conspiracy and executed their plan with precision," the Court held in its July 17 order.

Salim and Pradeep were 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.

They were sentenced to undergo rigorous imprisonment of 20 years for the crime.

According to the prosecution, the prime accused, Pulsar Suni was the principal executor of a criminal conspiracy allegedly hatched with 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. The remained accused were convicted.

Suni and other co-convicts later filed pleas challenging their conviction and sentence. The Court had earlier rejected Suni's plea to suspend his sentence pending a final decision on his appeal. The Court has now dismissed similar pleas by Salim and Pradeep.

In the July 17 ruling, the Court rejected the contention that Salim and Pradeep were merely passengers in the vehicle and had no active role in the offence. It held that the available materials prima facie showed that they had assisted and aided the commission of the crime.

It further held that the two accused had failed to point out any manifest illegality or perversity in the trial court judgment to justify the suspension of their prison sentences.

The Court also noted that the survivor had identified both accused during a Test Identification Parade and had given a detailed account of the sexual assault committed by the prime accused with the help of the other accused.

An appeal filed by the State government challenging Dileep's acquittal is also pending before the High Court.

Salim and Pradeep were represented by advocates  KV Sabu, MG Sreejith, Akhil K Sabu, Nikhil K Sabu, Arunraj S, Laya Theresa Antony, Hanna Rahman, Anjana A, Indu Menon M and Anju PS.

Public prosecutor Sidharth A Menon and Special public prosecutor V Ajaykumar represented the State.

[Read Judgment]