Kochi, February 27 The Kerala government filed an appeal in the Kerala High Court on Friday, challenging the acquittal of Malayalam cinema star Dileep and others in the sensational 2017 actress sexual assault case.
In its appeal, the state is also seeking to increase the punishment awarded to the six people who were sentenced to 20 years of rigorous imprisonment in the case.
Besides Dileep, the eighth accused in the case, the trial court also acquitted three others – Charley Thomas (A7), Sanil Kumar alias Mesthri Sanil (A9) and Sarath (A15).
The trial court had convicted the first six accused in the case – Sunil N S, also known as Pulsar Suni, Martin Antony, Manikandan B, Vijesh V P, Salim H, and Pradeep.
The appeal, which is likely to come up for hearing next week, claims that the acquittal of Dileep and the others was "wholly illegal and unwarranted, and this sends the wrong message to society."
It further stated that considering the entire nature and circumstances of the case, the trial court should have imposed the maximum sentence and fine prescribed under the law on the six convicted accused for all the offences committed by them in this case, especially for the most serious offence of gang rape on the actress.
The appeal said that the six convicted should have been sentenced to life imprisonment under section 376 D (gang rape) of the IPC.
"It is shocking to see that a minimum sentence of 20 years was awarded for the offence of gang rape," the appeal said.
It contended that the crime was committed based on a criminal conspiracy and for personal gain, and "the victim was a helpless woman under their control," and her protest or request never changed the minds of the six accused from committing this "heinous" crime against her.
"The manner in which it was committed was also cruel. The sexual assault was video recorded and exhibited," the state said.
It also said that while the trial court rightly found the first six accused in the case guilty of the various offences charged against them, "it has miserably failed to impose adequate sentences of imprisonment and fines upon them."
The state has urged the High Court to set aside the acquittal of Dileep and the others and to hold them guilty of the offences for which the first six accused were convicted and sentenced to 20 years.
It has also urged the High Court to increase the sentences of imprisonment and fines imposed on the first six accused, for the offences for which they have been found guilty, as deemed fit and proper, "taking into consideration the nature and seriousness of the crime committed by them, the trauma and suffering undergone by the victim, and the fear it created in society."
According to the prosecution, the eighth accused (Dileep) conspired with the first accused (Sunil) and instructed him to commit sexual assault on the PW1 (victim) and to capture her nude visuals, as he harbored enmity and vengeance against her.
There were initially 15 accused in the case, of whom three were granted pardon and examined as witnesses, and two others were discharged by the Kerala High Court, with the remaining 10 facing trial.
The 2017 assault on a multi-lingual actress, in which miscreants forced their way into her moving car on February 17 and held her captive for two hours, profoundly shook the conscience of Kerala society.
Prime accused Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.
Actor Dileep, who was accused of conspiring in the crime, was arrested during the investigation.
However, after a near six-year trial, the court found him not guilty.