Prosecution terms Dileep acquittal ‘Unsustainable’, state to move high court

The prosecution in the 2017 actor assault case has strongly criticised the trial court judgment acquitting Malayalam film star Dileep and three others, terming it “ unsustainable ” and legally flawed. A detailed report prepared by Special Public Prosecutor V Aja Kumar has been submitted to the Director General of Prosecution, recommending that the verdict be challenged before the Kerala High Court.

The report takes serious exception to the judgment of the Ernakulam District Principal Sessions Court , alleging that the trial court applied double standards while evaluating evidence against different accused. It points out that while evidence against some accused was accepted, similar material was rejected in the case of Accused No. 8, Dileep, and Accused No. 15, his associate Sarath G Nair, without valid judicial reasoning.

According to the prosecution, several crucial pieces of evidence were either ignored or discarded unfairly. It alleged that the appreciation of evidence was non-judicious and partisan, and that the reasons cited by the court for rejecting prosecution evidence were flimsy and unsustainable. The prosecution has also objected to the punishment awarded to the six convicted accused , including prime accused Pulsar Suni , noting that they were sentenced to 20 years of rigorous imprisonment even though the offence carries a maximum punishment of life imprisonment.

Explaining why the acquittal is being challenged, the prosecution has stated that the judgment reflects a selective and inconsistent approach in assessing evidence, ignored key material without proper justification, and showed undue leniency towards some accused, including Dileep. These shortcomings, it said, warranted appellate scrutiny.

The report further criticised the length and structure of the judgment, which runs to 1,709 pages, describing it as unnecessarily voluminous and difficult to comprehend. It alleged that the verdict was burdened with irrelevant discussions and questionable justifications that sought to explain serious lapses during the course of the trial.

The case relates to the abduction and sexual assault of a prominent Malayalam film actress in February 2017 while she was travelling in a car near Kochi . The attack was allegedly carried out by a gang led by Pulsar Suni, with the prosecution accusing actor Dileep of conspiring in and financing the crime. The case triggered widespread outrage and became one of the most high-profile trials involving the Malayalam film industry.

Last month, the trial court acquitted Dileep and three others, while convicting the first six accused in the case. Lawyers associated with the prosecution said the Kerala government has already approved filing an appeal against the acquittal.

An appeal application is expected to be filed before the Kerala High Court shortly, officials said.