KOCHI: The Kerala High Court on Saturday witnessed heated arguments, allegations, and counter-allegations for over four hours as the single judge heard the prosecution and Dileep's lawyers to determine whether the conspiracy was just imagined by the accused or it subsequently led to follow-up action.
The court observed that the statement provided by the prosecution prima facie does not show any offence. At the same time, the court was receptive to the prosecution's argument that the accused were influential and had antecedents of making witnesses hostile.
The court also pointed out that the sole witness - film director Balachandra Kumar - was disgruntled by the accused. "It is true that the witness was disgruntled by the accused. He was close to the accused as they were planning to produce a film. Later that project was dropped. After several years, the witness came out against the petitioners," the court said.
At the same time, the court pointed out that he has given some materials to the police, based on which the probe is initiated. "It is a very serious allegation," the court observed.
The virtual hearing was attended by over 300 participants, the maximum limit allowed by the app. During the hearing of the case, the court orally observed that the prosecution had produced some disturbing material indicating the petitioners were influencing the ongoing investigation in the case.
"However, going by what is so far stated and collected there seems (to be room) for doubt as to whether there are materials to attract the offence... For criminal conspiracy, there should be an agreement. A sudden outburst or mere utterances will not suffice," the court said.
"These utterances merely signify the criminal intention and the conspiracy lurking behind it. The acts they have done in furtherance of this agreement should be looked into. It has not gone beyond the thought going by the materials now collected by the prosecution," observed the court.
The prosecution submitted that the investigation conducted so far has established a conspiracy. "The prosecution... have got information and some material to show that there could have been a conspiracy, which by itself is a crime and they are entitled to investigate it also," the court observed orally.
"This court cannot prevent the investigation. Yes, there must have been some agreement. Unlike abetment, criminal conspiracy is by itself a crime. Mere thoughts, often criminal, by themselves, cannot constitute an offence. But the agreement between persons on this offence is a different matter," it added.
When Dileep’s counsel added that in this case, there is only a mere thought, the court cautioned that if this "blurting out" resulted in an agreement to commit an offence of some sort, "then you are guilty". Dileep's counsel refuted the allegation and said there are discrepancies between the first and second statements of the witness, based on which the current case was registered.
When the prosecution said the accused are rich and powerful, Dileep's counsel replied that on the side, there are top police officials including the DGP and Addl DGP. After the conclusion of these arguments, the court ordered Dileep and the other accused to report for interrrogation.
Court examines two witnesses
KOCHI: The Ernakulam additional special sessions court, conducting the trial of the actor abduction and rape case, on Saturday examined two witnesses after the High Court gave the permission. Meanwhile, two other additional witnesses did not appear as police failed to serve summons to them because their whereabouts were not known.
The court posted the next hearing in the case to Tuesday and will also examine another witness on that day. Prime accused Pulsar Suni, along with other accused Manikandan B and Vadival Salim, were also presented before the court on Saturday.