Kochi: The Kerala High Court has refused to suspend the sentence of two convicts in the 2017 actress assault case, citing the gravity of the offence, the manner in which it was committed and the broader public interest. The court observed that there was prima facie evidence indicating that the accused had actively participated in the criminal conspiracy and assisted in carrying out the crime.
A Division Bench comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar dismissed separate applications filed by Saleem H and Pradeep, who were convicted as accused numbers five and six in the case.
Court cites seriousness of offence
While rejecting the pleas, the High Court said the nature of the offence and the manner in which it was executed weighed heavily against granting relief.
The Bench also considered the wider impact of the case on society, observing that public confidence in the criminal justice system had to be maintained while deciding applications seeking suspension of sentence.
The court noted that, at this stage, there were no compelling grounds to interfere with the sentence imposed by the trial court.
Prima facie evidence against accused
After examining the Sessions Court judgment and the material placed before it, the High Court observed that there appeared to be sufficient prima facie evidence to establish the existence of a conspiracy involving the six convicted persons.
The Bench said the accused allegedly executed the conspiracy with precision and that the material on record indicated the involvement of Saleem H and Pradeep in assisting the commission of the offence.
According to the court, the two applicants appeared to have aided the crime and shared the common intention with the other conspirators.
Plea for suspension of sentence rejected
Saleem H and Pradeep had approached the High Court seeking suspension of their 20-year prison sentence pending the disposal of their appeals challenging the conviction and punishment.
However, the Bench held that the applicants had failed to demonstrate any apparent infirmity, manifest illegality or perversity in the Sessions Court’s judgment that would justify suspending the execution of the sentence.
The court observed that, at the interlocutory stage, it was not possible to conclude that the findings of the trial court were unreasonable or perverse enough to warrant such relief.
Accordingly, their applications were dismissed.
Earlier plea of prime accused also rejected
The latest order follows the High Court’s decision on July 9, when it similarly declined to suspend the sentence of Sunil N.S., alias Pulsar Suni, the prime accused in the case.
The court had then taken a similar view regarding the seriousness of the offence and refused to grant interim relief pending the appeal.
Background of the case
The case relates to the abduction and sexual assault of a Malayalam actress inside a moving vehicle while she was travelling from Thrissur to Kochi on February 17, 2017.
Following a prolonged trial, the Sessions Court on December 12 last year convicted six persons, including Sunil N.S. (Pulsar Suni), Saleem H and Pradeep, and sentenced them to 20 years’ imprisonment for the offence of gang rape.
Actor Dileep and three other accused were acquitted by the Sessions Court.
The appeals filed by the convicted persons against their conviction and sentence are pending before the Kerala High Court.
With the dismissal of the latest applications, Saleem H and Pradeep will continue to remain in custody while the High Court hears their appeals on merits.