KOCHI: The government levelled serious allegation against the trial court in the high court in the case of attacking a prominent actress of the Malayalam film industry. The attacked actress had approached the high court seeking transfer of case from trial court to another court. The government stood with the victim on the complaint. The government levelled serious allegation against the trial court in the affidavit of 50-pages. The government voiced mainly three allegations against the trial court.
Dileep, the eighth accused in the case had earlier told actress Bhama, a witness in the case, that the victim ruined his family and that he would burn the victim alive as punishment. However, the trial court declined to record this testimony stating that its only hearsay, the affidavit mentioned.
The second allegation levelled was that the counsel of the eighth accused was found asking questions to the victim. The counsel for actor Dileep is trying to demoralize her by repeatedly asking about what happened in the vehicle on the day of the attack. Though the prosecution voiced against it, the court did not give due consideration, the affidavit said.
The third serious allegation was that Dileep used his daughter to thwart Manju Warrier from giving statement against him. During trial, the prosecution had asked Manju Warrier when she last spoke to her daughter. Manju told the court that her daughter called her three days before giving the secret statement asking her not to give statement against her father. However, Manju told her daughter that she was obliged to say the truth. The prosecution alleged that this was also not given due consideration. The court was not willing when asked to register obstructed witness from giving statement. The government pointed that a major lapse occurred from the side of the trial court in registering the statement of the main witness Manju Warrier.
This case has a specialty that the victim and the government have repeatedly accused the trial court of failing to record the statements of the attacked actress and Manju Warrier. If the high court finds flaws in the case, there is a possibility of transferring the case to another court.
The actress in her plea had alleged that she was aggrieved by the biased and hostile attitude of the trial court hearing her case. The actress submitted that the trial court has failed to record certain portions of the testimonies deposed by her, deliberately and without any lawful justification.