The Kerala High Court on Wednesday asked the State government to respond to a petition filed by a woman actor who is a victim of an alleged sexual assault in which actor Dileep is one of the accused, seeking to conduct the trial of the case by a sessions court presided by a woman judge.
When the petition came up for hearing, the court asked senior government pleader Suman Chakravarthy whether the government proposed to send a request to the High Court for setting up a special court headed by a woman judge. He said he would inform the court of the decision after getting instructions from the government.
In her petition, she challenged the Ernakulam sessions court order rejecting her plea for transferring the case to a sessions court headed by a woman judge.
Her plea was dismissed on the ground that no women sessions judges were available in Ernakulam district.
The petitioner pointed out that the offences committed by the accused were “unparalleled and unique in the criminal annals of the State and even the country.”
It was an incident in which rape and other offences were committed “not out of uncontrolled lust” but “out of a diabolic criminal conspiracy”.
Goons were hired by the actor to sexually assault a hapless woman and get the act recorded on a mobile phone. The petitioner contended that the provisions of the Code of Criminal Procedure Code (Cr.PC) mandated that the victim of a gang rape should not be compelled to depose and otherwise participate in a trial before a male judge.
This was to protect her privacy and dignity. Section 185 of the Cr.PC granted sufficient power to the government to transfer any case pending for trial to any other sessions court, the petitioner added.
The petition was adjourned to July 23 for further hearing.
In her petition, woman actor challenges the Ernakulam sessions court order rejecting her plea for transferring the case to a sessions court headed by a woman judge
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