The prosecution’s application seeking time to move the Kerala High Court in the actor rape case was rejected by the Special Judge on Friday.
Honey M. Varghese, Additional Special Sessions Judge, (SPE/CBI)-3, Ernakulam, dismissed the application as the “prosecutor was absent in the case and the counsel representing him was reluctant to argue on the petition.”
The judicial officer also instructed the Investigation Officer in the case to take urgent steps for resuming the trial in view of the direction of the Supreme Court to conclude it before February 2021.
The court posted the case for November 3.
The trial in the sensational case had come to a standstill for a while after A. Sureshan, the Special Public Prosecutor, moved a petition on October 15 before the Special Judge to stop the proceedings in the case for some time to enable him to move the Kerala High Court.
In his petition, the prosecutor had complained that the trial court was acting in a biased manner, which according to him, was detrimental to the judicial system and the prosecution. He sought time to move the petition to transfer the trial to another court as he apprehended that justice would be denied to the victim in the present court.
Dismissing the petition of the prosecution, the Special Judge noted that the “absence of the Special Public Prosecutor in the court and the reluctance of the counsel who represented him were sufficient to conclude that the averments in the petition were dubious and baseless.”
Though the prosecution had repeated the argument that a petition for change of court was being moved on Friday, no steps seemed to have been taken in that direction, the judge noted.
Actor Dileep is one of the accused in the case. He has been accused of conspiracy, while the others are accused of abducting and raping an actor in a moving car.
The Investigation Officer in the case sought time to file a report on the direction from the court regarding the absence of the prosecutor in the court.
Of the six witnesses who were scheduled to appear before the court on Friday, four did not turn up. The two who were willing to depose were directed to appear before the court when summoned again.
