KOCHI: The High Court on Monday allowed the petition filed by the victim in the actor abduction and sexual assault case to constitute a special court headed by a woman judge for the trial. The court directed the Ernakulam District and Sessions Court to transfer the case to the Ernakulam CBI Special Court which is manned by a woman judge. The CBI Special Court judge should make every endeavour to complete the trial in the case expeditiously. The trial should not affect the CBI cases pending before the court, held the court.
The court also considered the report of the CBI Court judge. The report said 30 CBI cases and one sessions case were pending before the court. No new cases had been assigned to the CBI Court since March, the report said.
In her plea, the victim contended the provisions of the CrPC mandates a gangrape victim should not be compelled to depose and otherwise participate in a trial before a male judge. The accused in the case – actor Dileep and Pulsar Suni – opposed the victim’s plea. Dileep’s counsel submitted several rape cases were pending before various courts.
Hence, special consideration to this victim was unjustifiable. If this is granted, victims in other cases will also move the court with the same demand.The court replied nobody had approached it seeking to constitute a special court. The victim’s plea was legitimate, hence it was just and proper to transfer the case to a court headed by a woman judge.