
Eight-year trial ends; Pulsar Suni & gang sentenced to 20 years
The sensational kidnapping and rape of the Malayalam film actress in 2017 concluded on Friday as the Principal Sessions Judge Honey Varghese sentenced the first six accused in the case to 20 years rigorous imprisonment and a fine of Rs.50,000/- each. The fine amount has to be given to the victim, said the Court.
The alleged incident took place in February 2017 when the victim was on her way home after dubbing work. A group of criminals led by Sunil alias Pulsar Suni (who has a track record of stealing a particular brand of motorcycle) waylaid and kidnapped her and subjected her to gangrape. They even filmed the obscene scenes featuring the actress and others and circulated the video.
The accused were charged under Section 376-D of the Indian Penal Code (Section 70 as per the Bharatiya Nyaya Sanhita-2023) which mandates: “When a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life and with fine: provided that such fine shall be just and reasonable to meet the medical expense and rahabiliyation of the victim”.
The case drew national attention as Malayalam film actor Dilip (P Gopalakrishnan) was the 8th accused in the case. According to the police version, Suni and the remaining accused undertook the kidnap and rape of the actress as part of a contract they entered into with Dilip. But the judge, while delivering the verdict, had acquitted Dilip of all charges as the prosecution failed to substantiate the charge of criminal conspiracy against the actor.
The high voltage trial took nearly eight years and had about 250 witnesses, out of whom many turned hostile. The trial saw two public prosecutors quitting, and the third prosecutor was the one who led the arguments on behalf of the government. While the lawyers of the accused were present in the case, the defense lawyers were conspicuous by their absence. T B Mini, advocate appearing for the victim, expressed her unhappiness over the quantum of punishment meted out to the accused. The public prosecutor also said that the accused were handed over only a minimum punishment, but they deserved a stringent punishment. He also said that awarding minimum punishment would send the wrong message to society, as the Parliament, when it enacted the legislation, had said that the safety and security of women should be the prime concern, and anyone violating the modesty of women should be given severe punishment so that it would act as a deterrent to the would-be rapists and molesters.
The public prosecutor also said that the charges of conspiracy were proved with documents in the Court, but that has been ignored in the final verdict. He further stated that they would appeal against the trial court verdict after studying the judgment. The copy of the 1500-page verdict is yet to be uploaded or released to the media at the time of going to the press.
The case reminded one of the murder of pulp journalist Lakshmikanthan, a precursor to the modern-day journalists of Kerala, at Madras. The incident occurred in November 1944 at Vepery in Madras when the then reigning superstar of Tamil filmdom, M K Thyagaraja Bhagavathar, finished off Lakshmikanthan. Another superstar, N S Krishnan, and filmmaker Sree Ramulu Naidu were arrested along with Bhagavathar in connection with the murder of Lakshmikanthan. Bhagavathar and Krishnan were convicted in the case, while Naidu was acquitted. The two stars were behind bars till 1947. An appeal filed in the Privy Council saw the case coming for retrial in the sessions court, which acquitted Bhagavathar and Krishnan.
Bhagavathar had a sad end in 1959 when he died a pauper. But Krishnan continued to act in films. Lakshmikanthan was the editor cum proprietor of a film magazine by the name Cinema Dooth. It was widely alleged that he used to blackmail and threaten film artists and make a fast buck out of them. He had been arrested and sentenced in a case of impersonation during his days in Rajamundhry. But he managed to jump mail and met a gruesome end in Vepery.
What stands out in the actress rape case is the stance of a section of Malayalam film personalities who have started questioning his acquittal by the trial court. There are some groups in the film industry that want the removal of Dilip from the Malayalam film industry. What made the court set him free would be known only after the copy of the verdict is released.
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