HC refuses to change trial court in abuse case

TRIVANDRUM: The Kerala High Court (HC) on Friday rejected the appeal of the rape survivor to change the judge of the trial court.

Justice VG Arun also allowed the lower court to continue trial ater liting the stay order he issued on Nov.13 ater hearing the prosecutor and the survivor’s lawyer.

The court observed that changing the trial court can set a bad precedence.

The HC also said that the trial court and the prosecution should work together.

The prosecution had sought to change the trial judge on the grounds that she remained a mute spectator when the survivor was harassed and intimidated by the counsels of the accused during cross-examination. The state government supported the allegations raised by the actor and stated that the instruction regarding secret trial in the case was flouted.

The trial will resume on Monday in the special court headed by a woman judge appointed on the survivor’s request earlier.

Senior Advocate Sreekumar, who appeared for the actor, submited that the victim was forced to undergo an ordeal of cross-examination for about 9-10 days, during which irrelevant and unnecessary questions maligning her character were raised.

The actor had alleged that the court was discriminatory in its approach and that she had to suffer mental harassment during the trial.

The actor stated in the petition that the court did not intervene when she was harassed in the courtroom and that she broke down publicly.

The actor stated that she was atacked by 20 advocates of the defence counsel.

It was also alleged that the court did not record many important statements.

The actor had submited in the court that she was not feeling comfortable in the present court.

Police say a gang of five led by Sunil, a driver atached to the film industry, abducted the star on her way from her Thrissur home to Kochi on the highway on Feb.17, 2017.

He raped the 31-year-old star in a moving car on the busy city roads before dumping her near the home of actor-filmmaker Lal ater two hours, late into the night.

Lal, along with Congress legislator PT Thomas, soon alerted the police and they arrested the gangsters within days.

Three months later, Sunil alias Pulsar Suni told his interrogators that superstar Dileep hired him to seek vengeance on his co-star for breaking his marriage.

Dileep’s former wife Manju Warrier, a close friend of the survivor, is one of the witnesses in the case.