Written by: Shikha Singh (Intern)
Edited by: Anubhav Yadav (Content Head & Developer)
A horrendous event witnessed some major legal developments regarding a rape case based in Kerala. Recently the competent court got hands on hearing of a sexual assault case centering a Malayalam actress who was sexually abused and an actor and producer Dileep and another director named Nadir shah have some videos of the draconian acts and are associated with offence.
The facts of the issue goes back to the year 2017 where a bright Malayalam actress was abducted and was sexually assaulted in a moving vehicle on her way from Trisul to Kochi. The actress was returning back from sets to her home where her car hit with a tempo and got indulged in some skirmish with the driver. Soon after that the abusers got down from tempo and caught golf of the actress and pushed her inside the car. Allegedly, the victim claimed that she was assaulted in a moving car which drove for about more than one hour. This was followed by more appalling acts in the series like the abusers took the pictures and videos of the victim while her clothes were torn and threw her outside the car. The actress by mustering a lot of courage and in hope of justice on the same day filed an FIR. The police got in action soon after taking cognizance in the matter and started to search for the prime suspects. Later in the case a film director and a producer got arrested in connection with the sexual assault case followed by abduction. During the course of investigation, the police found out that the driver was an accessory in the crime. Along with him police arrested almost nine more people who were clear suspects of the crime.
Legal Issues Involved
The abusers were booked under Indian Penal Court for committing abduction which is defined under section 362 of IPC – “Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.” and was charged for committing sexual assault under section 375 and 376 which talks about the rape definition and the following punishment for the commission.
Following a series of long legal battles, when it reached the Supreme Court of India, the accused Dileep asked for order in the case. After three years now the case got in lime- light once again and there were claims that Dileep, who has been a suspect in the crime, saw the videos of the actress being assaulted. It has been the centre of the discussion where a friend of the actor Dileep claims that the actor has the video of the victim and shared it with his friends as well. Even the Kerala High court showed its willingness to have a re- investigation in the matter. It was also claimed that the judge was biased in considering facts and ignored the technicalities of the evidence at hand. After this the survivor wrote a letter to the chief minister showing her anguish for the manner the case had been handled. She even stated in her words that due to unfairness in the trials two consecutive public prosecutors rescued themselves from the case. On the other hand, the accused Dileep personally wrote to the Director General of Police to stop investigating the matter further in spite of seeking fair-trial. Further in the case, the Kerala High Court has granted some more time to cross the witnesses and the outcomes of investigation and the court’s final word is awaited which needs to be completed by 16th February, 2022.