2017 Actress Assault Case: Convicted Man Moves Kerala HC Against Verdict

2017 Actress Assault Case: A man found guilty in the 2017 actress sexual assault case has petitioned the Kerala High Court to overturn the trial court's decision, claiming that the court neglected to take into account evidence that demonstrated his innocence.

The inmate, identified as Martin, has requested that his conviction and sentence be overturned, just weeks after a Kerala court found six other people guilty and exonerated Malayalam movie star Dileep in the high-profile case.

Martin, the second accused in the case, contested in the appeal the allegations that, in addition to allegedly destroying evidence by discarding his cell phone SIM card, he assisted in picking up the survivor, fabricated a fictitious accident, and enabled the kidnapping.

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Martin said that important prosecution witnesses failed to prove a connection, prior communication, or conspiracy between him and the other defendants.

He pointed out that the trial court itself recorded findings that the prosecution had failed to prove the alleged conspiracy.

According to the appeal, the victim claimed that someone else had removed him from the car, and the trial court subsequently noted that there was no evidence of a criminal plot.

Despite this, Martin was convicted, while another accused facing similar allegations of conspiracy was acquitted.

He contended that both accused were similarly placed and should have been treated equally in the appreciation of evidence.

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He claimed the trial court adopted different standards, leading to his conviction while acquitting the other accused.

Martin also submitted that there were no allegations of sexual assault or his presence at the scene of the crime against him.

His role, the appeal said, was limited to an alleged conspiracy, which was not supported by evidence.

Martin added that the trial court had received pertinent witness testimony through written submissions, but the court had not adequately considered or valued it.

Claiming false implication, the appellant said he was convicted only because he was deputed to pick up the victim on the day of the incident.

On December 8, the trial court sentenced six defendants, including Martin, to 20 years of harsh jail while acquitting Dileep and three others. The survivor had already taken to social media to voice her dissatisfaction with the decision.

Following a film shoot in February 2017, the actress was kidnapped and sexually raped while travelling from Thrissur to Ernakulam. A cell phone inside a moving car is said to have captured the crime.

Dileep was arrested on charges of conspiracy in connection with the crime.

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