Kerala HC rejects Pulsar Suni plea to recall witness in 2017 actress assault case

KOCHI: The Kerala High Court has rejected a plea by the prime accused in the 2017 actress assault case seeking recall of two witnesses examined during the trial, saying that it was "frivolous" application aimed at "delaying" the disposal of the matter.

Justice C Jayachandran further said that evidence sought to be adduced by recalling the two witnesses was "not essential for a just decision of the case" and dismissed the plea moved by prime accused Sunil N S also known as Pulsar Suni.

"... the trial commenced on January 30, 2020. The time limit fixed for disposal of this case by the Supreme Court was extended on several occasions. The present application appears to be a frivolous one, filed with an eye fixed on delaying the disposal of the case.

"That apart, a person (Suni), who had enough opportunity to do a thing, which he did not avail, cannot turn round later and complain of want of opportunity," the High Court said.

Suni moved the High Court after his plea to recall the two witnesses -- both experts in the field of forensic science -- was rejected by the Sessions Court.

One of the two witnesses was the doctor who collected the samples for forensic examination and the other was the Assistant Director of the Forensic Science Laboratory.

The reason given for seeking recall of the witnesses was that Suni was in judicial custody during the course of trial and he was released only on September 20, 2024 and therefore, his lawyer could not take proper instructions for cross-examining them.

Rejecting the contention, the High Court said that the accused attended the trial throughout without any failure for the past two years and therefore, the present claim that his lawyer could not cross-examine the two witnesses for want of instructions "was completely bereft of any bonafides".

The actress-victim, who has worked in Tamil, Telugu and Malayalam films, was abducted and allegedly molested in her car for two hours by some persons who had forced their way into the vehicle on the night of February 17, 2017 and later escaped in a busy area.

The entire act was filmed by those persons to blackmail the actress.

There are 10 accused in the 2017 case, including actor Dileep, and police have arrested seven. Dileep was arrested subsequently and released on bail.