Actress sexual assault case: Kerala HC junks plea for change of court
Kochi: The Kerala High Court on Friday declined to transfer the trial in the case of sexual assault of an actress in which popular Malayalam actor Dileep is among the accused, from the present court.
It rejected petitions filed by the actress who was allegedly sexually assaulted here in 2017 and the state government seeking to transfer trial.
Dismissing the pleas, the court said unless the court and the prosecutor work in sync it results in the guilty escaping the clutches of law and innocent being punished.
Justice V G Arun said he was confident that in the endeavour to seek truth and render justice, the special prosecutor and defence lawyer shall work in tandem.
The high court, which had deferred the trial in the case when the pleas came up early this month, directed the trial court (CBI special court Judge-III Ernakulam) to resume the in-camera trial on Monday.
The judge also rejected the prayer sought by the state and counsel for the actress for a stay of the judgment for a period of one week to file an appeal before the Supreme Court, observing that he has become 'functus officio' after the pronouncement of the
judgment.
'Functus officio' roughly means having performed his office, once an arbitrator renders a decision regarding the issues submitted he lacks any power to reexamine that decision. The apex court has directed the trial court to dispose of the case on or before February 4, 2021.