Abduction and assault case against Dileep: Kerala High Court reserves verdict on plea to transfer trial

The Kerala High Court, on Monday, reserved orders on the petitions seeking transfer of trial in the abduction and assault case, in which Malayalam actor Dileep is an accused, from the judge currently hearing the case to another judge (Victim v. State of Kerala; State of Kerala v. Sunil N.S. @ Pulsar Suni and Ors.) .A Bench of Justice VG Arun heard detailed submissions in the plea by the victim and the prosecution before reserving its verdict. .The prosecution and the victim for the accused reiterated that the continuation of the trial before the Additional Sessions Court, where the case is presently being heard, would defeat the ends of justice..On November 6, the High Court had deferred the trial in the matter till Monday, that is November 16. .In proceedings on Monday, Senior Government Pleader Suman Chakravarthy represented the Prosecution while Senior Advocate S Sreekumar argued on behalf of the victim..[Actor Assault case] Victim harassed in open court, 20 lawyers were present despite in-camera proceedings: Prosecution tells Kerala High Court .The court was told that the victim was cross-examined for over 9-10 days, predominantly by lawyers engaged by Dileep. They harassed her with questions that were irrelevant and pertained to her conduct, Senior Advocate Sreekumar submitted..Justice Arun asked the counsel whether the judge was appointed pursuant to a petition moved by the victim for a woman judge to hear her case.The counsel replied in the affirmative, with Sreekumar stating that the woman judge was sought specifically during the victim's testimony. However, the judge sat as a mute spectator, while the lawyers of the accused asked the victim irrelevant questions, the Government Pleader added.."Why did you not raise objections then?", Justice Arun queried. "We did raise objections, but these were overruled. We did our best to cooperate with the trial and registered protest only when the trial reached a tipping point," the counsel responded..Even after the victim as well as the prosecution voiced concerns about the fairness of the trial, the judge proceeded to continue with the trial, the lawyers contended.The counsel further submitted that despite the High Court's order deferring trial, the trial judge continued hearing interim petitions filed in the case.The judge ought to have recused herself and written to the High Court after such allegations about lack of fairness and bias were made, the counsel submitted. This was necessary, since it was the High Court that appointed her and since both the prosecution and the victim alleged bias, they stated..Taking all these submissions on record, Justice Arun proceeded to reserve the matter for orders..Dileep 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..Six persons were arrested and arrayed as accused. It was alleged that the victim had a role to play in Dileep’s separation from his former wife..The victim, as well as the prosecution team, has moved the Kerala High Court for a transfer of the case from the present trial court. The trial is ongoing before an Additional Sessions Judge, Ernakulam..On October 16, the prosecution in the case led by Special Public Prosecutor A Suresan had voiced protest over derogatory remarks made by the Additional Sessions Court Judge against the Special Public Prosecutor during the hearings..Their petition seeking a halt in the trial and leave to approach the High Court was rejected by the Additional Sessions Court on October 23. The judge had earlier ordered the resumption of trial by November 3.