Supreme Court Criticizes Prolonged Cross-Examination by Actor Dileep in 2017 Sexual Assault Case

In a significant development in the 2017 actress sexual assault case, the Supreme Court raised concerns about the lengthy cross-examination of a prosecution witness by Malayalam actor Dileep, an accused in the case. The hearing, presided over by Justices Abhay S Oka and Pankaj Mithal, occurred during the bail plea of the main accused, Pulsar Suni, who has been in custody for over seven years.

Senior Advocate K Paremeshwar, representing Suni, argued that Dileep, an influential co-accused, had been allowed to cross-examine the investigating officer for 95 days, producing a deposition spanning 1,800 pages. The Court expressed surprise at the lengthy cross-examination and the State's failure to object to such extensive questioning. Justice Oka remarked, “We are wondering, one influential accused, he cross-examines a witness for 1,800 pages, how many days will he argue?”

The bench further noted the slow progress of the trial, with 261 witnesses examined so far. Justice Oka highlighted that completing the examination of the accused under Section 313 CrPC would take months, extending the trial indefinitely.

The Kerala State counsel informed the Court that the prosecution had finished examining witnesses and had closed its case.

Additionally, Justice Oka addressed the issue of prolonged bail hearings, noting that detailed submissions in the Kerala High Court led to lengthy judgments, causing further delays in granting bail, even in cases triable by a magistrate.

Considering Suni’s prolonged incarceration and the slim likelihood of the trial concluding soon, the Supreme Court granted him bail.

Suni, who was arrested on February 23, 2017, is accused of abducting and sexually assaulting the actress at Dileep's behest. The charges against Dileep and other co-accused include criminal conspiracy and gang rape under the Indian Penal Code (IPC).