Kerala High Court Rejects Appeals to Suspend Sentences
The Kerala High Court has declined the requests from H Saleem alias Vadival Salim and C Pradeep to suspend their prison sentences following their convictions in the 2017 actress abduction and assault case. Both individuals had approached the High Court seeking relief while their appeals against the trial court’s judgment are pending.
The court, in its ruling, highlighted the presence of prima facie evidence indicating that both accused were actively involved in the criminal conspiracy associated with the alleged crimes. A Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar dismissed the pleas, affirming that there was substantial evidence supporting the accusations against them.
“Prima facie, there is sufficient evidence on record to prove the alleged conspiracy between the accused numbers 1 to 6, and that they acted in furtherance of the said conspiracy, executing their plan with precision,” stated the court in its order dated July 17.
Details of the Conviction
Salim and Pradeep were among six individuals found guilty by an Ernakulam trial court for their roles in the kidnapping and sexual assault of a well-known actress in 2017. The crime, which occurred in a moving vehicle, also involved the recording of the assault. Both were sentenced to 20 years of rigorous imprisonment.
The prosecution asserted that the main accused, Pulsar Suni, orchestrated the crime as part of a conspiracy allegedly planned with actor Dileep. The intent was to abduct and assault the actress to humiliate and blackmail her. While Dileep was acquitted of conspiracy charges by the trial court, the remaining accused were convicted.
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Following their conviction, Suni and other co-convicts filed appeals against the judgment. The High Court had previously denied Suni’s request to suspend his sentence during the appeal process. The recent decision by the court also rejects similar pleas from Salim and Pradeep.
Court’s Reasoning
In its decision, the court refuted the argument that Salim and Pradeep were simply passengers in the vehicle with no active participation in the crime. It concluded that the evidence suggested they assisted and facilitated the commission of the offense. The court further noted that the defendants failed to demonstrate any significant legal error or perversity in the trial court’s judgment that would warrant suspending their sentences.
The court also pointed out that the survivor had positively identified both individuals during a Test Identification Parade. She provided a detailed account of the assault orchestrated by the prime accused with the assistance of the others involved.
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An appeal by the State government contesting Dileep’s acquittal remains pending in the High Court.
Advocates KV Sabu, MG Sreejith, Akhil K Sabu, Nikhil K Sabu, Arunraj S, Laya Theresa Antony, Hanna Rahman, Anjana A, Indu Menon M, and Anju PS represented Salim and Pradeep. The State was represented by Public Prosecutor Sidharth A Menon and Special Public Prosecutor V Ajaykumar.
