KOCHI: The counsel for the survivor in the 2017 actor abduction and sexual assault case submitted before the Kerala High Court that further investigation based on the recent revelations is necessary to arrive at the truth as a heinous crime was committed against her and she is standing before this court seeking justice.
"I happened to see a disclosure through a TV channel from Bangalore. I understood that the disclosure statement was in connection with a case in which I am the victim. I was also surprised as the disclosure was made by none other than the former close associate of actor Dileep, who is accused in the case," the survivor's counsel said.
The submission was made in response to a petition filed by actor Dileep challenging the further investigation in the actor abduction and sexual assault case.
The counsel, senior advocate S Sreekumar, further noted, a 'heinous crime' was committed against her and she is before this court seeking justice. The purpose of investigation and further investigation is only to find out the truth. There cannot be any discrimination about the matter of investigation. Whoever he may be, he cannot get any benefit or any special consideration.
"A heinous crime had been committed against me. Being the victim, I am interested to see that all the persons behind this crime have been brought to light. That is only my interest. Even the Supreme Court has said that the accused has no role to play in the decision to order further investigation," submitted the counsel.
After getting certain material about the alleged conspiracy of actor Dileep, the eighth accused in the 2017 case, it was necessary to conduct a further investigation on those aspects which are very material to find out whether the 8th accused is a culprit or not in the alleged conspiracy to murder the police officers, the counsel said.
"If the eighth accused (Dileep) has not committed any such offence necessarily such an additional report should be filed and vice versa. Nobody will be prejudiced. The ultimate aim of the court and the investigating agency is to find out the truth," the counsel said.
Citing a Supreme Court order, the counsel argued that carrying out further investigation even after filing the charge sheet is a statutory right of the police. The material collected in the further investigation cannot be rejected only because it has been filed at the stage of the trial.
"Hence, it is a prerogative of the police to conduct further investigation. How can the accused challenge the further investigation?" asked the counsel. Then the court observed that the accused has the right to challenge it.
TA Shaji, Director General of Prosecution, submitted that the conspiracy was hatched in secrecy. Unless someone comes forward, it won't be revealed. Dileep is extremely influential everywhere, he influences minds, he has a lot of clouts. The crime branch identified 81 points from the statements of Balachandra Kumar and the agency has collected evidence connecting these points. The investigation is almost completed and the collection of voice samples of the accused is yet to be completed.
Then the court said now two months are over and why can't you finish the investigation by March 1 when the trial court asked you to file a final report? What is so special about this case?.
"Two months is more than sufficient. Do one thing, file the final report on March 1. The crime branch has to take into account that the supreme court has already extended the deadline to conclude the trial several times. It cannot be one month after another. Confine the probe to this matter only," the court observed.
B Raman Pillai, counsel for Dileep submitted that the further investigation is a ploy to delay, filed with mala fide intension and tainted.
The court will hear the case on Thursday.