20-yr RI for six in 2017 Kerala actress gang rape case

AKerala margaret court on fri awarded 20 years of strict internment (RI) to the sise people convicted in the sensational 2017 actress abduction and gang rape case that made national headlines, sent shock waves through the Malayalam film industry and prompted far-reaching shifts in state movie bodies.On December 8, Ernakulam principal sessions judge Honey M Varghese had acquitted actor Dileep on the charge of conspiracy in the case while finding six accused — Sunil NS, aka ‘Pulsar’ Suni, Martin Antony, B Manikandan, VP Vijeesh, H Salim and Pradeep — guilty of charges including gang rape, kidnapping, intent to outrage a woman’s modesty, and conspiracy. The verdict brought to conclusion a trial that ebbed and flowed over seven years, and precipitated landmark changes in the film industry.Awarding the sentence, the court observed that there was no circumstance warranting maximum punishment for the convicts.“A1 to A6 are sentenced to undergo rigorous imprisonment for a period of 20 years and also to pay a fine of ₹50,000 each for the offence punishable under section 376D (gangrape) of IPC and in default of payment of fine to undergo rigorous imprisonment for a period of one year for the offence under section 376D,” it said.“In view of the sentence awarded above, no separate sentence is imposed on accused A2 to A6 for the offence punishable under section 109 read with section 342, 354, 354B, 357, 366 and 376D of IPC. A1 to A6 are sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 342 of IPC. In view of the sentence awarded for the offence under section 376D of IPC, no separate sentence is imposed for the offence punishable under section 354 of the IPC,” it added.For the first accused, Suni, the sessions court awarded imprisonment for a period of three years and a fine of ₹1 lakh for the offence under section 66E of the IT Act, 2000. He was also given five years RI and fine of ₹1 lakh for the offence under section 667A of the IT Act, 2000.The judge ordered that the sentences will run concurrently and out of the fines released from the convicts, ₹5 lakh be paid to the survivor. The jail term that the convicts have already undergone during the period of the trial will be reduced from their sentences.Special Public Prosecutor V Aja Kumar said the court has given the minimum punishment for each of the charges against the convicts and that it would send a wrong message to the society. “There was strong evidence against the convicts. That’s why they were found guilty. We had argued for the maximum punishment for the convicts. But we are disappointed by the court’s awarding of minimum sentences. We will appeal against the sentence,” he said.Pronouncing the sentencing, the judge underlined that the court will not be carried away by the “sensational bias of the case” and that it has to “balance justice for society and the offender by considering the crime’s aggravated history, reform potential of the accused, aggravating and mitigating factors and the aims of punishment”.Asserting that the crime amounted to a blot on the “supreme dignity of women”, the judge said: “The act violated her right to safety and created fear, humiliation, pushing her into shame and helplessness. It also caused psychological trauma, causing mental distress.”It pointed out that no criminal antecedents are pending against all accused, except “Pulsar” Suni. They are also all below 40 years of age.While Suni sought leniency on the grounds that his elderly mother was only dependent on him, Antony said he had already spent a significant part of his life in prison. Manikandan said he was the sole breadwinner in the case and that his wife and two children depended on him.Kerala’s culture minister Saji Cheriyan said that while the state respects the verdict, it will study the court order and take appropriate measures.“The accused have not got the maximum punishment for the offences they were charged under. So the State will certainly study the court order and move ahead. The State stands with the survivor,” he said.On February 17, 2017, a leading Malayalam actress, while on her way from Thrissur to Kochi, was abducted and sexually assaulted inside a moving car. The assault was also videographed by the six-member gang headed by ‘Pulsar’ Suni. The prosecution argued that the kidnapping and gang rape of the actress was carried out on the instructions of Dileep who allegedly harboured resentment against her for being involved in his break-up and eventual divorce from actress Manju Warrier. Dileep also allegedly suspected that the actress was responsible for informing Warrier about his extramarital affair with Kavya Madhavan, his current wife.The state government and the prosecution have, meanwhile, underlined that they will appeal against the acquittal of Dileep in the high court.The Kerala court that acquitted actor Dileep invoked a Latin phrase in its judgment, stating, “Let justice be done though the heavens fall.”In the 1,709-page order, judge Varghese discussed the allegation levelled against it by prosecution and defence, in a section titled ‘Fiat Justitia Ruat Caelum’, which translates to the same phrase. “The court left all these matters unattended following the legal maxim ‘Fiat Justitia Ruat Caelum’,” the judgment stated.