Kerala actress assault case: Court sentences six convicted persons to 20 years rigorous imprisonment

Kochi (Kerala): The District Court on Friday sentenced Pulsar Suni, the prime accused in the 2017 actress assault case, along with five other convicted accomplices, to 20 years of rigorous imprisonment.

Ernakulam District and Principal Sessions Court Judge Honey M Varghese sentenced Sunil NS, also known as Pulsar Suni, Martin Antony, Manikandan B, Vijesh VP, Salim H, and Pradeep to 20 years of rigorous imprisonment for the offence of gang rape.

The court also ordered imprisonment for other offences, but they will run concurrently.

The court also ordered the victim to be paid a compensation of Rs five lakhs, and the pen drive containing the sexual assault visuals should be maintained in the custody of the investigation officer.

The court also imposed a fine of Rs 50,000 on each, stating that failure to pay the fine would result in additional imprisonment.

“…A1 to A6 are sentenced to undergo rigorous imprisonment for a period of 20 years and also to pay a fine of Rs. 50,000 each for the offence punishable under Section 376D (gang rape) of IPC and in default of payment of fine to undergo rigorous imprisonment for a period of one year for the offence under Section 376D,” the Judge Honey M Varghese said while delivering the verdict.

The court also took into account the age of the convicts, noting, “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. All the accused are below 40 years.”

While delivering the sentence, the court noted, “While awarding 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.”

Ernakulam Principal Sessions Judge Honey M Varghese had on December 8 found the first six accused, Sunil alias Pulsar Suni, Martin Antony, Manikandan B, Vijesh V P, Salim H and Pradeep, guilty.

Commenting on the proceedings, the survivor's advocate TB Mini said to reporters, "I am expecting judgment not only in this case but also in the case relating to the memory card and cases of contempt. The court had already said that Pulsar Suni and five others had committed the offence."

The convicts were brought to court around 11:30 a.m., each presenting personal circumstances in an attempt to win the court's sympathy.

First accused Pulsar Suni, identified by the court as the central figure behind the attack, told Judge Honey M. Varghese that only his mother is at home and that he alone is responsible for her care

Suni, however, remained expressionless as he addressed the court.

The second accused, Martin, broke down in tears, repeatedly insisting that he was innocent. "I have not committed any crime. I have been in jail for a mistake I never made. Please give me a lighter sentence," he pleaded, recalling that he was the first to be arrested in the case.

The third accused, Manikandan, said he had never knowingly committed any wrongdoing and requested compassion, citing his wife, daughter, and son.

The fourth accused, Vijeesh, asked the court to consider his family background and appealed for a reduced sentence.

He also requested to be lodged in Kannur jail since he hails from Thalassery.

The fifth accused, Vadival Salim, said he had done nothing wrong and that he has a wife and a three-year-old daughter.

The sixth accused, Pradeep, spoke through tears as he too asked the court for leniency.

The case

The case pertained to an actress who worked in Malayalam, Tamil, and Telugu films and was allegedly abducted and molested inside her car by a group of men who forced their way into the vehicle on the night of February 17, 2017.

Dileep, who was accused of conspiring and hiring a gang to execute the crime, was found not guilty of the allegation that he orchestrated the assault.

The charges invoked against the accused span a wide range of IPC sections, including criminal conspiracy (120A, 120B), abetment (109), wrongful confinement (342, 357), kidnapping (366), outraging modesty (354), attempt to disrobe (354B), gang rape (376D), criminal intimidation (506(i)), destruction of evidence (201), harbouring an offender (212), and common intention (34). The trial, which began on March 8, 2018, has been lengthy and complex.

A total of 261 witnesses were examined, many in camera, including several prominent film personalities, with 28 witnesses turning hostile. Over the years, two special prosecutors stepped down, and the survivor's request to replace the presiding judge was denied. The prosecution submitted 833 documents and 142 material objects, while the defence produced 221 documents. Witness examination alone spanned 438 days

While the actor expressed profound gratitude to his family, supporters and legal team upon acquittal, the Kerala Government has decided to appeal against the judgment. The Kerala Law Minister, P Rajeev, said that he has discussed the appeal matter with the state Chief Minister, Pinarayi Vijayan and extended support to the actress.

"The state government's decision is to appeal against the trial court verdict in the actress's attack case. Respected. Discussed this matter with the Chief Minister. The government is with the survival," said P Rajeev on Facebook. (ANI)