The Kerala actor abduction and assault case saw two special public prosecutors resign, 38 witnesses turned hostile, and prosecution moved higher courts, seeking a change of the trial judge.
In the last two days, the case was heard in the special court in Kochi without a public prosecutor, and the government is busy searching for a third one.
On Wednesday, the state government moved the Supreme Court seeking an extension of the trial for another six months after film director Balachandra Kumar came out with new revelations against actor Dileep, an accused in the case.
After the revelation, the investigating officer Baiju Paulose had moved a fresh plea in the Kerala high court requesting to question the main accused Pulsar Suni, who is in judicial custody.
On Wednesday, Dileep, along with a co-accused, wrote a letter to Kerala police chief Anil Kant seeking the removal of Paulose. The letter came two days after the victim, a 35-year-old woman actor, now settled in Bengaluru, wrote to Kant and chief minister Pinarayi Vijayan seeking speedy justice and examination of new evidence.
Kumar told a Malayalam news channel that he met the prime accused in the case Suni at actor Dileep’s residence in 2016 when he went to discuss a new project. He also claimed that the latter had a video clipping of the assault. He also alleged that Dileep tried to influence a key witness, Sagar Vincent, a film crew member, two years ago, after which he turned hostile. But Dileep downplayed his utterances saying, “He (Kumar) was using his old enmity to settle scores with me.” He said Kumar was upset with him after he refused to take up his project.
When contacted, Kumar said he delayed his disclosure because he feared for his life and denied any blackmail tactics.
“I was scared to come out. Whatever I want to say, I shared it with the SIT,” he said, adding that since the investigation was on it was unfair on his part to explain it again.
Soon after the new disclosure, the prosecution moved the trial court for a fresh investigation, and the court asked the prosecution to file fresh charges by January 20. New allegations against Dileep and the prosecution’s fresh demand for a probe surfaced at a time when the trial court’s six-month extension given by the Supreme Court last August is set to expire on February 16.
The attack on a woman actor took place in 2017 when she was returning to Kochi after a shooting assignment on the outskirts of the city. Her vehicle was allegedly waylaid, and she was abducted by a criminal gang in a closed van. She was allegedly assaulted in the moving van by them. They also took video clippings of the sexual assault and let her go after a three-hour ordeal and threatened to release the video if she approached the police. In her statement to the police, she said she promised them a hefty amount to leave her safe, but they continued to torment her.
During the attack, the first accused, Pulsar Suni, a notorious history-sheeter in the port city, had reportedly told the victim that he was given a contract and he was forced to do this. The actor complained to police the next day, and all nine accused were arrested and the vehicle used for assault was seized.
Six months after the case was registered, the Special Investigation Team led by Paulose arrested Dileep, who spent three months in jail. He is the eighth accused in the case and faces charges under criminal conspiracy (Section 120 A) and abetment to crime (Section 107 of the IPC).
The case witnessed many twists and turns since then. Some of the police witnesses had turned hostile, and at one point, the state government told the high court that Dileep was filing unnecessary pleas in different courts to delay the trial. But the HC and later apex court rejected the prosecution plea to shift the trial judge Honey M Varghese. In August last year, the Supreme Court had directed the special court to complete the trial in six months.
The Malayalam film world is also totally divided over the case. While one section insists that the victim should get justice at the earliest, the others say it was unfair to target Dileep and force his detractors to come up with fresh disclosures.
“Where was Balachandra Kumar all these days? He could have deposed while the trial was on. As an observer, I feel he was propped up by the prosecution at the eleventh hour when the wind was going against it,” said film producer Saji Nanthayad.
Women in Cinema Collective (WCC), an outfit formed in the wake of the attack on the actor, asked the government to inquire about new revelations and get speedy justice to the victim.
“Time and again in this excruciating fight for justice, many such questions need to be asked and answered to learn the truth,” the WCC said in a statement. After the assault, the WCC started a hashtag campaign called #Avalkoppam# (with her) which turned viral on social media. It also wrote to the CM last week to ensure speedy justice to the victim.
“It is a peculiar case. Many witnesses have turned hostile weakening the prosecution. It is natural for the prosecution to go after fresh development in the case. But it seems some of the claims of the director seem to be quite weird. Let the court decide it,” said a former lawyer associated with the prosecution team, who was not willing to be named.
“The Supreme Court had in the past extended such deadlines set for criminal trials multiple times. It may extend the deadline after examining disclosures in detail otherwise it may be construed as a miscarriage of justice,” said senior Supreme Court lawyer M R Abhilash.
