Kochi: The Kerala High Court has turned down a plea to transfer the trial in the case of sexual assault of an actress in which actor Dileep is among the accused, from the present court.
It turned down petitions filed by the actress who was allegedly sexually assaulted here in 2017 and the State government seeking to transfer trial.
Declining 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 HC, 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 4 February, 2021.
In her petition, the actress alleged she was aggrieved by the biased and hostile attitude of the trial court and that it sat like a mute spectator when she was being examined and harassed by the counsel for Dileep.
She said that it failed to restrict the number of lawyers for the accused present inside the court hall when she was being examined and failed to uphold the spirit of in-camera trial.