KOCHI: The Kerala High Court on Tuesday admitted a petition filed by the state government challenging the order of the Ernakulam Additional Special Sessions Court rejecting its applications seeking to recall some of the witnesses and summon additional witnesses in the actor abduction case involving actor Dileep, for examination. The court also issued notices to Dileep and other accused persons and adjourned the case to January 6.
The state government argued that its plea for issuing summons under Section 311 of the Criminal Procedure Code to 16 witnesses for further evidence was rejected. Of the 16 witnesses, nine are additional witnesses and seven have already been examined. In fact, some of the witnesses were required to be recalled to identify the accused persons.
The trial court ought to have permitted the prosecution to further examine Vasudevan, who had stated about the presence of Pulsar Suni at the shooting location at Thrissur but he could not identify the prime accused while in the dock. Anto Joseph who was one of the first few persons to visit the victim in this case could not be examined.
Yet another witness, Sathya Moorthy, nodal officer of BSNL could not be examined before the trial court as he was laid up at the time of taking his evidence. His examination was essential to prove the CDRs.