2017 actress assault case: SC dismisses survivor's plea to change trial court

The Supreme Court on Friday declined to entertain a plea by the victim for a change of trial court in the assault and abduction case against Malayalam actor Dileep on grounds of alleged bias against her due to close ties of the accused with the husband of the presiding judge.

A bench of Justices Ajay Rastogi and C T Ravikumar said that it cannot allow such a plea alleging bias.

The bench said such petitions would not allow judges to hear cases without fear and favour.

Rejecting the plea, the bench said in such matters the high court is supposed to take a decision while adding that the in view of the kind of environment prevailing at this time, no subordinate judge would want to hear criminal matters.

The court also pointed out that it had already issued a direction for concluding the trial in the case by January 31, 2023.

In her plea, the survivor had alleged that Dileep had close ties with the trial judge and her husband.

The top court said the Kerala High Court had already decided the issue of bias in its judgment. The petitioner had moved the apex court challenging the high court judgment, which declined to entertain the plea seeking change of trial court judge.

In September, the high court had said that the survivor's apprehensions in connection with not getting a fair trial were not reasonable. In 2018, acting on the woman's plea, the high court had set up a special court with a woman judge for the trial, which commenced in 2020.

The survivor was allegedly abducted and molested inside her car for two hours by the accused, who had forced their way into the vehicle on the night of February 17, 2017. Later, the accused escaped. There are 10 accused in the case. According to the prosecution, the entire act was filmed by the accused to blackmail the actress.