KOCHI: The prosecution has initiated formal steps to challenge the trial court verdict in the high-profile 2017 actress assault case in Kerala, with the proposed appeal primarily targeting the acquittal of actor Dileep, the eighth accused, along with other co-accused.
A detailed report outlining the legal grounds and feasibility of an appeal has been prepared by the Special Public Prosecutor and is scheduled to be submitted to the Director General of Prosecutions this week. Based on the report, the government has begun drafting the appeal, factoring in the reasoning adopted by the trial court.
The move signals the State’s intent to contest key findings of the trial court, which had ruled that the prosecution failed to establish a larger conspiracy linking Dileep to the crime. Adding a new dimension to the case, the investigating officer, Baiju Paulose, has informed the Director General of Police about an anonymous letter alleging that details of the verdict were leaked even before it was formally pronounced.
Earlier, the president of the High Court Advocates’ Association had lodged a complaint with the Chief Justice after receiving the letter. However, the issue triggered internal differences within the association, with no consensus emerging on the course of action.
The anonymous communication alleged that the judgment, after being written, was shown to a close associate of Dileep and that the court would convict accused numbers one to six while acquitting the remaining accused.
The trial court, however, has not commented on these allegations.
In its judgment, the court noted that the prosecution was unable, at any stage, to substantiate its claim that the crime was executed at Dileep’s behest. The initial charge sheet had maintained that the accused abducted the actress, recorded obscene visuals, and attempted to blackmail her for monetary gain, with all six principal accused acting towards this common objective.
While the first charge sheet recommended further investigation, the court observed that this was primarily to recover the mobile phone and memory card used to record the visuals. It found no reference in the initial report to a conspiracy extending beyond the first accused, Pulsar Suni and his associates.
The court also questioned whether the investigation against Dileep was launched solely based on a letter sent by Pulsar Suni from jail, a point likely to figure prominently in the prosecution’s appeal.