Kochi, Dec 25 A man convicted in the 2017 actress sexual assault case has moved the Kerala High Court, challenging the trial court verdict, arguing that the court failed to properly consider evidence showing his non-involvement in the crime.
Weeks after a Kerala court acquitted Malayalam cinema actor Dileep in the sensational case and convicted six others, the convict, identified as Martin, has sought the setting aside of his conviction and sentence.
In the appeal, Martin, who was the second accused in the case, challenged the claim that he helped pick up the survivor, staged a fake accident and facilitated the abduction, besides allegedly destroying evidence by disposing of his mobile phone SIM card.
Martin contended that key prosecution witnesses did not establish any association, prior contact or conspiracy between him and the other accused in the case.
He pointed out that the trial court itself recorded findings that the prosecution had failed to prove the alleged conspiracy.
The appeal said the victim had stated that another person took him out of the vehicle, and that the trial court later observed there was no proof of a criminal conspiracy.
Despite this, Martin was convicted, while another accused facing similar allegations of conspiracy was acquitted.
He contended that both accused were similarly placed and should have been treated equally in the appreciation of evidence.
He claimed the trial court adopted different standards, leading to his conviction while acquitting the other accused.
Martin also submitted that there were no allegations of sexual assault or his presence at the scene of the crime against him.
His role, the appeal said, was limited to an alleged conspiracy, which was not supported by evidence.
Martin also stated that relevant witness evidence had been placed before the trial court through written submissions, but the court failed to properly discuss or appreciate it.
Claiming false implication, the appellant said he was convicted only because he was deputed to pick up the victim on the day of the incident.
On December 8, the trial court acquitted Dileep and three others, while sentencing six accused, including Martin, to 20 years of rigorous imprisonment. The survivor had earlier expressed her disappointment over the verdict on social media.
The actress was abducted and sexually assaulted while travelling from Thrissur to Ernakulam after a film shoot in February 2017. The crime was allegedly recorded on a mobile phone inside a moving vehicle.
Dileep was arrested on charges of conspiracy in connection with the crime.
