KOCHI: The SIT on Tuesday submitted before the High Court the probe into the actress assault case was in the final stage and the final report would be filed within three weeks.
The prosecution made the submission while opposing the bail plea filed by Dileep on Tuesday.
This is the fifth time the actor has approached a court seeking bail. When the petition came up for hearing, the court orally observed there did not seem to be any change of circumstances as of now. The mere fact he had spent some more days in judicial custody did not make any change in the circumstances.
“Why are you in a hurry to file the bail application?” the court asked. The court also adjourned the hearing of the case to September 26.
The bail plea was filed a day after the Angamaly Judicial First Class Magistrate dismissed Dileep’s petition. The magistrate had observed considering the gravity of the offence, he could apply for default bail only after 90 days of the investigation. According to the petition, the offence, including 376 (D) (Gangrape) of IPC, cannot be charged against Dileep even on the admitted facts.
As per section 25 of the Indian Evidence Act, there is a total bar on using the confession of an accused made to the police. Similarly, as per the law, the confession of an accused cannot be used against his co-accused as evidence.
The records reveal there was not even a whisper the object of the conspiracy alleged to be hatched by Dileep and Pulsar Suni was to abduct the actor and commit gangrape or rape her. Besides, the first information given by the actor stated Suni told her he had got a quotation to hand over her nude videos to the party who engaged him. Hence, the offence punishable under 376 (D) could not be attributed against Dileep, the petition stated.