Kerala actress assault case: Court says sensationalism will not impact sentence

Kochi (Kerala): The District Court on Friday observed that the sensational nature of the case cannot influence the outcome while delivering the punishment in the 2017 actress assault case.

The court made these remarks while pronouncing the quantum of punishment for the prime accused, Pulsar Suni, and five other convicts, who were each sentenced to 20 years of rigorous imprisonment and fined Rs 50,000, with additional imprisonment in case of non-payment.

"This case has created a sensation, but the court should bear in mind that the sensational nature of the case does not make any impact on the mind of the court while awarding the sentence. The court, while awarding the sentence, has to balance justice for society and the offender by considering the crime's aggravated history, reform potential of the accused, aggravating and mitigating factors, and the aims of punishment," Judge Honey M Varghese said.

The court emphasised the gravity of the crime and the effect on the survivor actress.

"While awarding a sentence, the court shall not be carried away with any sort of sensational bias. At the very same time, this court has to consider the fact that the acts of the accused persons amount to blot to the supreme dignity of women. The act violated her right to safety and created fear, humiliation, pushing her into shame and helplessness. It also caused psychological trauma, causing mental distress. She was subjected to the attack while she was travelling to the house of her friend without anticipating any untoward incident. This fact is also to be considered," the court held.

The judge also highlighted other factors considered while delivering the sentence, including the background of the convicts.

"But at the very same time, this court has to consider the circumstances, including the age of the accused, their family condition, and also the fact that no criminal antecedents are pending against them except A1 (Pulsar Suni). All the accused are below 40 years. In Nirbhaya case, the Supreme Court held that the crime against women intentionally affects women's self esteem, dignity, but also degrades the pace of societal development. It has also held the need to sensitise the public on gender justice," Judge Varghese added.

The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.

Prime accused Pulsar Suni sexually assaulted the actress and recorded the act on video with the help of the other convicted persons in the moving car.

Actor Dileep, who was accused of conspiring in the crime, was arrested during the investigation.

However, after a nearly six-year trial, the court found him not guilty.