Kerala HC reserves order on convicts' sentence suspension plea in 2017 actress assault case
Synopsis
Key Takeaways
The Kerala High Court on Thursday, 9 July reserved its interim order on a petition filed by convicts in the landmark 2017 Malayalam actress abduction and sexual assault case, who are seeking suspension of their sentences pending disposal of their appeal. The court heard extensive arguments from both the defence and prosecution before closing the matter for its ruling.
What the Convicts Sought
The petition was moved by Pulsar Suni and the other convicted accused, who are challenging the verdict of the trial court. They sought a stay on their sentences until their appeal is decided by the High Court.
Survivor and Prosecution Push Back
The survivor, through her counsel, strongly opposed the plea, arguing that the trial court had conclusively established the guilt of the first accused after finding that a heinous offence had been committed. Her counsel contended that granting sentence suspension at this stage would send a wrong signal and could be perceived as undermining the gravity of the crime.
The prosecution also urged the court to reject the plea, noting that the state's own appeal — seeking enhancement of the sentences imposed on the convicts — is already pending before the High Court. Opposing any interim relief, the prosecution described the first accused as a hardened criminal with a history of repeated offences.
State Flags Prior Conduct of First Accused
The state submitted that the court had earlier imposed costs on the first accused for repeatedly filing bail applications. It further told the court that within a month of securing bail from the Supreme Court, he was named as an accused in another criminal case — reinforcing the prosecution's contention that he is a habitual offender.
Background: The 2017 Case
The case stems from the abduction and sexual assault of a prominent Malayalam actress in February 2017 while she was travelling by car from Thrissur to Kochi. According to the prosecution, a gang abducted her, assaulted her inside the moving vehicle, and recorded the incident on a mobile phone before releasing her. The crime triggered widespread outrage and led to one of Kerala's longest-running and most closely watched criminal trials.
While several accused, including Pulsar Suni, were convicted by the trial court, actor Dileep and a few others were acquitted. The High Court will now determine whether the sentences imposed on the convicted accused should remain in force while their appeal is heard.
What Comes Next
The Kerala High Court's interim order — expected in the coming days — will be closely watched by legal observers and survivors' rights advocates alike. The ruling will set the tone for how the court balances the convicts' right to appeal against the prosecution's argument that bail would signal leniency in a case of this gravity.