Kerala Actor Rape Case -Will Consider Time Extension If Trial Judge Asks; No Extension At State's Instance : Supreme Court

In the Kerala actor rape case, the Supreme Court on Monday did not pass orders for extending the time for trial in the application moved by the State of Kerala. The Court said that it will extend the time for trial in the Kerala actor rape case if the trial judge seeks extension and accordingly left the matter to the discretion of the trial judge.,A bench comprising Justice AM Khanwilkar and Justice CT Ravikumar said that the trial judge can submit a report before the Supreme Court seeking extension if it is felt necessary. The bench said that it will not allow extension at the instance of the State.Senior Advocate Jaideep Gupta, appearing for the State of Kerala, sought for 6 months more time. The present deadline for the trial is February 16.Senior Advocate Mukul Rohatgi, appearing for prominent Malayalam actor Dileep, who is accused of being the chief conspirator of the crime, opposed the State's plea for extension of time, saying that the State was attempting to delay the trial in many ways. First was an attempt to change the judge, which became unsuccessful. Second was the resignation of the Prosecutor. Rohatgi added that the time has already been extended four times and the State is playing a "mischievous game".Rohatgi added that after the examination of 200 witnesses, another man surfaced with a fresh set of allegations at the fag end of the trial.The bench said that it will ask for a report from the trial judge and if the trial judge asks for time, it will be considered."We will not pass order of extension at the instance of state...If the judge asks for time we will consider", Justice Khanwilkar orally observed. Accordingly, the application was disposed of giving liberty to the trial judge to submit a report before the Supreme Court seeking time extension if it is felt necessary."..we leave it to the discretion of the trial court to take an appropriate view in this matter", the bench said in its order.Gupta requested the bench that the State's application be kept pending. But the bench refused saying, "if the application is kept pending, it will give a different meaning".Rohatgi submitted that the State is conducting a "media trial" against the accused, a famous actor.Recently, the trial court at Ernakulam had allowed further investigation into a fresh set of allegations made by a film director Balachandrakumar. Last week, the Kerala High Court allowed the prosecution to examine additional witnesses in the case.Dileep is accused of hatching the criminal conspiracy behind the abduction and the sexual assault of the victim, also an actor, in a moving vehicle in the outskirts of Cochin city in February 2017.In November 2019, while rejecting Dileep's plea for a copy of the memory card allegedly containing the visuals of the sexual crime, the Supreme Court had ordered that the trial in the case should be completed expeditiously, "preferably within six months". This time was extended from time to time. The Kerala Police had arrested Dileep in July 2017 alleging that he was the mastermind of the crime. After 88 days of custody, the High Court granted him bail.The trial has witnessed several twists and turns so far. Several actors who were examined as witnessed turned hostile during the trial. The State had sought the transfer of the case to another court alleging bias on the part of the presiding judge. However, the Kerala High Court and later the Supreme Court rejected the State's transfer plea. Two prosecutors resigned during the trial. Last week, the Kerala High Court had directed the appointment of a new prosecutor in the case within 10 days.Click Here To Read/Download Order

Kerala Actor Rape Case -Will Consider Time Extension If Trial Judge Asks; No Extension At State's Instance : Supreme Court

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