Prosecution Failed To Prove Conspiracy By Dileep In Actress Assault Case: Kerala Court

The Court, in its 1709 page judgment, noted that the specific averments regarding this were stated before the court for the first time.

“All these witnesses stated nothing to the investigating officer when their statements were recorded as part of the investigation…This is a material omission amounting to contradiction,” Sessions Judge Honey M. Varghese observed in her judgment. 

The Prosecution had alleged that there was an incident during the '2012 Dileep Show' where the actor threatened the survivor for interfering in his personal life. The Court examined the oral testimonies and other evidence and concluded that the prosecution failed to prove the alleged incidents took place during the show. 

The Court examined the prosecution allegation that Dileep tried to reduce the opportunities of the survivor in the Malayalam Film Industry and concluded that his relationship with the survivor was "not cordial" but, it held that the prosecution failed to adduce evidence regarding the specific events.

“The prosecution failed to adduce evidence regarding the specific events allegedly happened during the European show held in 2012 and during the rehearsal camp of Association of Malayalam Movie held in Hotel Abad Plaza, in 2013, which are canvassed to strengthen the case that accused no.8 was maintaining hatred, ill-will and plan to destroy the career of PW1. It is also to be concluded based on the evidence on record that though PW 1 claimed that accused no.8 denied her opportunities in the Malayalam film world and also ousted her from the industry, except her oral testimony, no other convincing evidence is adduced to substantiate that claim,” court noted.

The prosecution alleged that the criminal conspiracy was hatched from 2013 onwards for which Dileep offered Rs.1.5 Crores as consideration to Sunil. It was alleged that the incident during the rehearsal camp of Association of Malayalam Movie Artists, led Dileep to believe that the survivor was behind the discussions held during the rehearsal camp and this aggravated his anger towards her and he decided to take revenge on her.

The prosecution also alleged that Sunil was present in the shooting location of 'Sound Thoma', a Malayalam movie which starred Dileep, and during this time, the acquaintance of Dileep and Sunil developed which further led to criminal conspiracy.

The prosecution stated that Sunil stayed at Arcadia Hotel, in which the actors who appeared in the said movie were staying. It was stated that Sunil was the driver of actor Mukesh who appeared in the movie, but there was no evidence to suggest his presence during the shooting of the movie except for the admission made by Sunil with this regard.

“The so-called admission made by accused no.1 regarding his stay at Arcadia Hotel cannot be relied on…I hold that the prosecution failed to prove presence of accused no.1 in the shooting location of 'Sound Thoma' at Alappuzha and much less to prove the interaction of acquaintance between accused nos. 1 and 8.” Court observed.

The prosecution submitted that the disclosure of the place in which the conspiracy hatched was made by Dileep during his custody from 12.04.2017 till 15.04.2017. The court noted that the remand report prepared on 11.07.2017 mentions the place as Hotel Abad Plaza, and hence the disclosure claimed to be made on 12.07.2017 is untenable.

“The conspiracy allegedly hatched at room no.410 was already known to the investigating officer atleast on 11.07.2017. So, the alleged confession on the side of accused no.8 and preparation of Ext.P42 mahazar lacks credibility,” Court observed.

The Court further noted that the investigating officer had clear knowledge about the criminal conspiracy allegedly hatched at room no. 410 after Pulsar Suni's interrogation but, that disclosure statement or anything in that regard was not produced before it.

“Instead of producing any such materials, the investigating officer prepared Ext. P42 mahazar in the presence of Press so as to show and appear it was disclosed by accused no.8 (Dileep)” Court noted.

The prosecution further alleged that a conspiracy has hatched between Sunil and Dileep at the parking ground of Hotel Joys Palace, Thrissur since their plan at Hotel Abad Plaza could not be materialised. It was alleged that Dileep paid Rs. 10,000 to Sunil and on the next day, Rs. 1 lakh was paid to Sunil. The cash withdrawal of Rs. 1 lakh made on 31.10.2015 by cheque from Grand Productions owned by Dileep was evidenced.

The court however observed that the Investigating Officer made no attempts to collect CCTV footage from the hotel where the alleged meeting took place. No investigation was done about the availability of such footage, nor was the register of the hotel produced before the court. 

With respect to the meeting of the two men at another location–Santhigir College on 14.11.2016–the court said:

“The Case of the prosecution is that, on 08.11.2016, both accused nos.1 and 8 met together at CIFT Junction and hatched conspiracy. Unless any special purpose or citation is there, there is no need to meet again and again for the very same criminal conspiracy. Even if the entire case of the prosecution is accepted as much, it can be seen at the most that accused nos.1 and 8 were available within the tower locations of Santhigiri College on 14.11.2016. In the absence of any material or evidence to draw atleast an inference pointing that they met together, the mere fact that two persons were available under a particular tower location alone cannot be treated as evidence to arrive at a decision that they hatched criminal conspiracy.”