Actress assault case: Kerala HC refuses to suspend sentences of two more convicts

Kochi: The Kerala High Court has refused to suspend the sentences of two more convicts in the 2017 actor assault case, holding that there was prima facie material to show they had actively aided the commission of the crime and shared the common intention of the conspirators.

A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar dismissed the sentence suspension pleas filed by Pradeep (accused No. 6) and Saleem alias Vadival Salim (accused No. 5).

The pleas arose from the December 2025 judgment of the Principal District and Sessions Court, Ernakulam, which sentenced six of the accused to 20 years' imprisonment after finding them guilty of offences under Sections 376D, 120B, 342, 354, 354B and 357 of the Indian Penal Code, along with Section 376D, and Sections 66E and 67A of the Information Technology (Amendment) Act.

"On going through the judgment and the materials placed on record, we are of the view that, prima facie, there are sufficient evidence on record to prove the alleged conspiracy between accused Nos. 1 to 6 and that they acted in furtherance of the said conspiracy and executed their plan with precision," the Bench observed.

Rejecting the contention that the applicants were merely passengers in the vehicle and had played no active role in the crime or the conspiracy, the court said there was prima facie material to indicate that they had assisted and aided the commission of the offence and shared the common intention of the other conspirators.

The Bench further observed that the convicts had failed to point out any patent infirmity, manifest illegality or perversity in the trial court's judgment that would warrant suspension of their sentences.

The court heard arguments advanced by advocates K V Sabu for the convicts, Special Public Prosecutor V Ajakumar for the State, and advocate Vrinda Grover, appearing for the survivor.

After hearing the parties, the Bench noted that although the trial court records had been called for, they were yet to be received. It also observed that while the appeals filed by the two convicts had been admitted, some of the co-accused were yet to file appeals, and the State's appeal challenging the acquittal of some of the accused was also pending.

The court further noted that the survivor had identified both convicts during the Test Identification Parade and had given a detailed deposition regarding the sexual assault committed by the prime accused with the active assistance of the other accused.

Earlier, the High Court had dismissed the sentence suspension plea filed by the prime accused, Sunil N S, alias Pulsar Suni.
(With LiveLaw inputs)