Two of the convicts in the high-profile 2017 actress assault case have moved the Kerala High Court challenging their convictions and sentences imposed by the Principal District and Sessions Court, Ernakulam. The appeals have been filed by Saleem H., also known as Vadival Salim, and Pradeep, who were arrayed as the fifth and sixth accused in the case. In the trial court, both were found guilty of multiple offences including criminal conspiracy, abduction, gang rape and related charges under the Indian Penal Code and the Information Technology Act, and were sentenced to 20 years’ imprisonment by the Sessions Court. The convicts have approached the High Court in Criminal Appeal challenging that verdict and seeking suspension of the sentences while their appeals are pending.
In their appeals, the convict appellants contend that the prosecution failed to produce any evidence linking them with the first accused or with participation in the conspiracy to commit the crime. They argue that the material on record does not establish that they were connected with the principal accused, known as Pulsar Suni, in committing the offences alleged, and that their roles were not proven. According to the appellants, the prosecution did not demonstrate that they shared culpability with the others or that they actively participated in the alleged criminal acts, and therefore the convictions and sentences recorded against them are not justified.
The Sessions Court’s judgment had convicted the six accused based on evidence presented at trial, including testimony and other material, and imposed lengthy sentences reflecting the gravity of the offences. In the broader context of the case, that trial court acquitted one of the other accused, including a prominent film actor who had been charged with conspiracy, on the ground that the prosecution failed to prove his involvement beyond reasonable doubt. In seeking relief from the High Court, the convict appellants have challenged the factual and legal basis of the trial court’s findings as they pertain to them, asserting that their convictions were founded on insufficient evidence of involvement in the criminal scheme and should therefore be set aside or modified.
The appeals have been listed before the High Court, where the appellants are also seeking suspension of the sentences imposed so that they may remain out of custody during the pendency of their appeals. Legal counsel representing the appellants have argued that the evidence does not satisfactorily connect them to the underlying offences or the conspiracy alleged by the prosecution, and have urged the High Court to re-examine the trial court’s conclusions on the strength of the material presented at trial. The High Court will consider these contentions as the appeals proceed, requiring careful evaluation of the factual findings and the legal principles applied by the Sessions Court in convicting and sentencing the appellants.
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