Pulsar Suni moves Kerala HC challenging conviction in 2017 actress assault case

Sunil N S, also known as Pulsar Suni, the first accused in the 2017 actress abduction and sexual assault case, has approached the Kerala High Court challenging the conviction and sentence imposed on him by the Sessions Court in Ernakulam.

The Sessions Court found Pulsar Suni guilty of offences under Section 120B (criminal conspiracy) read with Sections 342 (wrongful confinement), 354 (outraging modesty), 354B (assault with intent to disrobe), 357 (assault), 366 (abduction) and 376D (gang rape) of the Indian Penal Code, along with Sections 66E and 67A of the Information Technology Act, 2000.

He was sentenced to 20 years of rigorous imprisonment. The trial court also imposed fines totalling ₹5 lakh, directing that the amount be paid to the survivor as compensation under Section 357(1) of the Code of Criminal Procedure.

Malayalam actor Dileep, who was named as the eighth accused in the case, was acquitted by the Sessions Court, which held that the prosecution failed to establish his involvement in the alleged conspiracy.

In his appeal, Pulsar Suni has alleged serious procedural lapses in the investigation, including delays and inconsistencies in the registration of the FIR, improper arrest procedures, failure to conduct a valid test identification parade, and shortcomings in the collection and handling of biological and electronic evidence.

He has also challenged the trial court’s reliance on identification evidence, call data records, SIM card usage and electronic materials, contending that these were inadmissible, unreliable or lacked sufficient corroboration.

“The prosecution case is false, fabricated, and the result of a motivated and one-sided investigation. The evidence on record is riddled with material contradictions, inconsistencies, and improbabilities,” the appeal states, particularly questioning the identification of the first accused, the alleged incident at a witness’s residence, the Goa narrative, SIM card and digital evidence, and the medical and forensic materials. It further claims that the prosecution failed to prove guilt beyond a reasonable doubt.

The appellant has argued that material contradictions in witness testimonies and defects in the prosecution's case were overlooked, leading to what he describes as a wrongful conviction.

Pulsar Suni has also filed an application seeking suspension of sentence, pointing out that he has already spent nearly eight years in custody during the investigation, trial and post-conviction period, which he says amounts to more than one-third of the maximum sentence imposed.

Earlier, Martin Antony, the second accused, and Saleem H alias Vadival Salim and Pradeep, the fifth and sixth accused respectively, had also approached the Kerala High Court challenging their convictions and sentences in the case.
(With LiveLaw inputs.)