Actress assault case: Martin Antony moves Kerala HC challenging conviction
The appellant has also claimed that the trial court failed to properly consider defence evidence and written submissions.
The appellant has also claimed that the trial court failed to properly consider defence evidence and written submissions.
The appellant has also claimed that the trial court failed to properly consider defence evidence and written submissions.
Kochi: Martin Antony, one of the six convicts in the 2017 actress assault case, on Tuesday moved the Kerala High Court challenging his conviction, claiming there was no evidence linking him to the alleged conspiracy or the crime. In his appeal filed under Section 374 of the Criminal Procedure Code, Martin Antony, the second accused, has sought to set aside the judgment passed by the Ernakulam Sessions Court on December 12.
According to the prosecution, Martin had conspired with other accused at a house in February 2017 and later helped execute a plan involving a staged accident, abduction and sexual assault of the survivor. It was also alleged that he destroyed evidence by discarding his mobile SIM card.
However, Martin contended that evidence on record does not establish any prior association, communication or conspiracy between him and the other accused. He pointed out that key prosecution witnesses had stated there were no call records or previous links connecting him to the alleged conspiracy.
The appeal also refers to observations in the trial court judgment that the prosecution failed to prove a criminal conspiracy was hatched on February 11, 2017. Despite this finding, the court went on to convict him, the appellant argued.
Martin further claimed that the trial court failed to properly consider defence evidence and written submissions, including translated testimonies of key witnesses. He argued that another accused facing similar allegations of conspiracy was acquitted, while he was convicted despite being similarly placed.
Calling the conviction arbitrary, Martin said the trial court applied different standards while assessing evidence against different accused persons and sought the High Court’s intervention to set aside his conviction and sentence.
The Ernakulam Principal Sessions Court sentenced all six convicts to 20 years’ rigorous imprisonment for gang rape under Section 376D and criminal conspiracy under Section 120B of the IPC. Principal Sessions Judge Honey M Varghese also imposed a fine of ₹50,000 on each of the convicts — Sunil alias Pulsar Suni, Martin Antony, Manikandan B, Vijesh V P, Salim H and Pradeep — with an additional one-year jail term in default of payment.