It has been more than seven years since a leading Malayalam actor was abducted and sexually assaulted, allegedly as part of a conspiracy hatched by a fellow actor. But despite reminders and deadlines from the Supreme Court, the trial in the case is yet to conclude. The long delay has raised concern over how the trial is being conducted. The top court shared the concern while recently granting bail to the alleged assaulter, Sunil N S alias Pulsar Suni. The slow progress was one of the reasons the court cited while releasing Suni, who has spent the last seven-and-a-half years in jail following the February 2017 assault. “Considering the long incarceration and the fact that the trial is not likely to conclude within a reasonable time, a case is made out for enlarging the appellant on bail,” the court said.
That the case’s investigating officer was grilled for 109 days highlights the unusually slow nature of the trial going on at the Ernakulam District Principal Sessions Court. While the special prosecutor examined the officer for 19 days, the lawyers of eight of the nine accused cross-examined him for one day. The counsel for actor Dileep, the alleged conspirator, cross-examined him for nearly 90 days. All of this resulting in a mammoth, 1,800-page deposition. The examination of all 261 prosecution witnesses is now complete. However, the examination of the accused by the court under Section 313 of CrPC, examination of defence witnesses, if any, and the arguments and final hearing are pending. It means this trial, that began on January 30, 2020, still has a long way to go.
It has run into several hurdles, including a break for further investigation and adjournments due to the pandemic. There have also been attempts to drag the legal process. On several occasions, the accused as well as the prosecution have approached the Kerala High Court and the Supreme Court. Two attempts were made to change the judge and two special prosecutors resigned during the trial. While some of the reasons are valid, attempts to deliberately stall the legal process should not be encouraged. There is a need to speed up the trial, as the victim has been waiting for justice for a long time. Justice has been certainly delayed; we hope it would not be denied.