By P. Sreekumaran
THIRUVANANTHAPURAM: The Left Democratic Front (LDF) Government has decided to approach the Kerala High Court with an appeal against the verdict of the trial court in Kochi in the 2017 actor rape case.
The trial court in Kochi had acquitted actor Dileep, the eighth accused, and three others in the case on Monday, while convicting six others. The court had found that the first six accused had committed all the charges framed against them, including gang rape, outraging the modesty of a woman, abduction, criminal intimidation, use of criminal force, destruction of evidence and taking and distributing obscene images.
The case is that the accused sexually assaulted the actor in a moving car on February 17, 2017, and shot the assault on a mobile phone. The prosecution’s case is that Dileep conspired with the key accused, Pulsar Suni, and offered him Rs 1.5 crore to record the assault and humiliate the survivor. Dileep, who was arrested a year later, spent nearly three months in jail before getting bail.
The case created a sensation in the Malayalam film industry. A large number of actors were examined as witnesses.
Honey M. Varghese, the Ernakulam Principal Sessions Judge, said the charges against the first six accused were proved beyond reasonable doubt. The quantum of punishment and the judicial reasoning for the acquittal and conviction will be known when the judgment is uploaded by the court on December 12.
The shocking incident touched off a wave anger across the State. It triggered debates which led to the formation of a Women In Cinema Collective. It was on its demand that the Kerala Government set up the Justice K. Hema Committee to study the issues , including those affecting women.
Dileep has said that he was the victim of a conspiracy, which was hatched against him after his former wife ManjuWarrier stated that there was a criminal conspiracy behind the sexual assault on the woman actor and it had to be probed. He was referring to a speech Manju made at a gathering of the film fraternity at Durbar Hall ground in Kochi on February 19, 2017 – two days after the survivor was assaulted.
Meanwhile, the verdict has come as a big disappointment to a section of the film community and activists. Although the verdict was largely on expected lines, as some activists have noted, there was hope that justice would be served.
Their contention is that the victory may appear like one, but it is not. The point to be noted is that the Court has not declared him innocent. In any case, conspiracy is difficult to prove without direct evidence linking to it. They give credit to the Women in Cinema Collective for sustaining the case this far.
According to dubbing artist Bhagyalakshmi, the verdict was in line with what she had predicted four years ago. The fact that as many as 21 witnesses turned hostile shows the clout wielded by Dileep. However, she added, this was not the end. There are other courts. She said while the court has convicted Pulsar Suni, the question who hatched the conspiracy has not been answered.
Opposition leader V. D. Satheesan opined that the verdict will prove a deterrent against such incidents in future. If the prosecution feels that the verdict does not match the evidence, it can go in appeal against the verdict.
The incident underscores the urgent need to further strengthen the safety and security of women in the State. Rising drug menace has resulted in increasing atrocities against women. It is time to introduce scientific systems to ensure women’s safety against women. Women who come forward to complain have to be ensured justice. The existing mechanism is totally inadequate, and changes in keeping with the times should be introduced without further delay. That was the crux of the Opposition leader’s argument.
CPI(M) state secretary M. V. Govindan said the state government will appeal against the verdict The Government has always stood with the survivor. And it will do everything in its power to prove the conspiracy involved in the case.
In its statement, the CPI said it will always stand with the survivor, and in the fight to ensure women’s rights in cinema. The party hopes that all the criminals involved in the crime would be punished in the continued legal battles.
Thrikkakara MLA Uma Thomas’s Facebook post said the soul of her husband and former MLA P T Thomas, who was instrumental in reporting the abduction and the rape of the actor would never be satisfied with the verdict in the case. Thomas had rushed out of their house on hearing about the trauma faced by the woman actor on the streets. He also testified before the court and sat on a two-day hunger strike as well. (IPA Service)
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