The actress sexual assault convicts 
Kerala

Actress sexual assault case: Court sentences six persons to 20 yrs' RI

A court here on Friday sentenced six people convicted in the 2017 actress sexual assault to 20 years of rigorous imprisonment, days after acquitting top Malayalam cinema star Dileep in the same case.

Kochi | A court here on Friday sentenced six people convicted in the 2017 actress sexual assault to 20 years of rigorous imprisonment, days after acquitting top Malayalam cinema star Dileep in the same case.

The prosecution said this was the "least punishment" given for the crime and that an appeal would be preferred.

Ernakulam District and Principal Sessions Court Judge Honey M Varghese sentenced Sunil NS, also known as Pulsar Suni, Martin Antony, Manikandan B, Vijesh VP, Salim H, and Pradeep to 20 years of rigorous imprisonment for the offence of gang rape.

They were sentenced and imposed with different sums as fine under various IPC sections, including criminal conspiracy, assault or criminal force in an attempt to wrongfully confine a person and abduction.

The first accused Suni received additional sentences of three years of rigorous imprisonment (RI) and a fine of Rs 1 lakh under different sections of the IT Act Section, including publishing or transmitting sexually explicit material.

The second accused, Martin, was also sentenced to three years of rigorous imprisonment and imposed with a fine of Rs 25,000 under Section 201 of the IPC (destruction of evidence).

The court ordered that all sentences will run concurrently, and the period the accused spent in remand before securing bail will be set off against the total sentence.

The court ordered the victim be paid a compensation of Rs five lakh. The pen drive containing the sexual assault visuals should be maintained in the custody of the investigating officer.

The court, before announcing the sentence, said that it takes into account the impact the crime has had on the victim and on society.

According to the court, it also considers the history of the offence, the possibility of reforming the accused, and the objectives of punishment.

The court said that it should not be swayed by emotions or act with bias while imposing the sentence.

At the same time, it cannot ignore the fact that the acts of the accused questioned the dignity of the woman, it said.

The court noted that the victim's right to safety was violated, and she was subjected to fear, humiliation, and helplessness which caused her psychological trauma.

It should also be considered that she was attacked while on her way to a friend’s house, and that the incident was unexpected, it said.

However, the court also considered the age of the accused persons, family circumstances, and the argument that, except for the A1, the others have no criminal background.

The court observed that all the accused are below 40 years of age.

The judge referred to the Supreme Court's observations in the Nirbhaya case (Mukesh v State of Delhi) and said they are relevant in this case as well.

Speaking to reporters, Special Public Prosecutor V Aja Kumar said the prosecution was not fully satisfied with the judgment.

“This is the least sentence that can be awarded under the gang rape charges. I am disappointed by the sentence,” he said.

He added that an appeal will be filed before the Kerala High Court soon.

"We have not received full justice from the court. We hope to get it from the higher courts,” he said.

On December 8, the court acquitted four accused, including actor Dileep.

Earlier in the day, the court heard submissions from the convicted persons, their counsel and the prosecution on the quantum of sentence.

The judge also directed lawyers and the media to refrain from criticising the judicial process in the wake of the verdict.

The convicted persons sought leniency, citing family and health conditions.

Martin and the sixth accused Pradeep broke down in court, claiming innocence and saying they were the sole breadwinners of their families.

Aja Kumar emphasised that the maximum punishment of life imprisonment for gang rape should be imposed on all the accused.

The court also asked the counsel appearing for the de facto complainant, but she was not present.

The hearing on the quantum of sentence started at 11.30 am and concluded at 12.50 pm.

Later, the court announced the sentence to the convicted person by around 4.45 pm.

The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.

Prime accused Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.

Actor Dileep, who was accused of conspiring in the crime, was arrested during the investigation.

However, after a near six-year trial, the court found him not guilty. Kerala Law Minister P Rajeev said an appeal will be filed after the judgement's details are analysed. Cultural Affairs Minister Saji Cherian said he would stand with the survivor. "The sentence was not appropriate. We will study it and take the next steps," he said.

Since six persons have been convicted, it cannot be viewed as a failure of the prosecution. "We all expected the maximum punishment, but that did not happen. So we will stand with the survivor and take steps to file an appeal," he said.

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