KOCHI: The Kerala High Court on Monday orally observed that an investigation is necessary to find out if there is any truth in the revelations made by director Balachandra Kumar against actor Dileep. The court pointed out that further investigation in the 2017 actor abduction case was initiated following these revelations.
"Isn't it a matter for investigation? When a witness, even if he is unreliable, brings out incriminating evidence against one of the accused in a case, shouldn't it be investigated? It's the prerogative of the police to conduct further investigation?" the court orally observed.
The trial court granted permission to conduct further investigation in the case based on the request of the Crime Branch citing the revelations by director Balachandra Kumar against Dileep. The trial court was also directed to complete the probe on or before March 1.
The court made the observations on the petition filed by actor Dileep, the eighth accused in the actor abduction and sexual assault case, challenging the further investigation being carried out by the police in the case.
Earlier. senior advocate B Raman Pillai, counsel for Dileep, argued that it was a 'sham' investigation and report filed solely due to personal vendetta against the actor. The further investigation is only to fabricate evidence and to delay the trial before the special court, Ernakulam.
A accused person has a right to a fair trial, Raman Pillai contended. Just because someone is an accused in a case, it doesn't mean his rights are suspended.
He argued that the primary goal of the prosecution in the sexual assault case was to stretch the trial since they could not yet find any material against Dileep in the 2017 case. There was no explicit proof to establish that the first accused in the 2017 case, Pulsar Suni, had any connection whatsoever with Dileep or his brother or that any of them had transferred any amount to the first accused.
Raman Pillai further pointed out that the impugned report containing new information was submitted by the Investigating Officer on December 29, 2021, the exact date when the officer was scheduled to be examined as the last witness for the prosecution at the trial court.
On Monday, the survivor in the 2017 actor abduction and sexual assault case had approached the Kerala High Court opposing the petition filed by actor Dileep, the eighth accused in the case, seeking to quash the further investigation being carried out by the police.
"Being the de-facto complainant, I am an interested party in the instant case filed by the eighth accused seeking to quash the proceedings permitting further investigation," the survivor had stated.
"Therefore it is just and necessary to implead the petitioner as an additional third respondent in the case in the interest of justice. Otherwise, it will cause irreparable loss and hardship to the petitioner," the survivor stated in the petition.
The next hearing of the case will be on Tuesday at 1.45 pm.