In a significant development in the high-profile Kochi actor assault case, Martin Antony, the second accused, has approached the Kerala High Court to challenge his conviction and severe sentence. The trial court had earlier found him guilty and sentenced him to 20 years of rigorous imprisonment along with a fine.
Grounds of the Appeal: Questioning the Conviction
In his appeal petition, Antony has raised several critical arguments against the trial court's verdict. A central point of his challenge is that the prosecution did not level any direct allegations of sexual assault against him. He contends that there is no claim he was physically present during the actual assault on the survivor.
Antony argues that the case against him is confined solely to the charge of conspiracy. He draws a parallel with the eighth accused, actor Dileep, who faced similar conspiracy allegations for allegedly conspiring with the first accused, Pulsar Suni. Since Dileep was acquitted by the trial court, Antony's appeal insists that identical legal standards must be applied in both situations. He asserts that the trial court failed to do so, leading to an unjust conviction in his case.
The Prosecution's Case and Antony's Defense
The prosecution's narrative, which led to Antony's conviction, outlines a chilling sequence of events. According to the charges, Antony conspired with five other individuals to abduct and sexually assault the popular actress. On February 17, 2017, he is alleged to have picked up the survivor from her residence in Thrissur and driven her to Kochi.
The prosecution claims that Antony staged a fake accident, which facilitated the survivor's subsequent abduction and sexual assault by other accused persons. A serious allegation against him is the destruction of evidence; the prosecution stated that he destroyed his mobile phone's SIM card to hamper the investigation.
Countering these claims, Antony maintains that he has been falsely implicated merely because he was the person deputed to pick up the actor on the day of the incident. His appeal contends that the trial court failed to properly consider the facts and evidence presented in his defence, leading to a miscarriage of justice.
Next Steps and Legal Scrutiny
The Kerala High Court has admitted the appeal and is slated to hear the matter at a later date. This move opens the case to a fresh layer of judicial scrutiny, where the arguments around conspiracy, equitable application of law, and the evaluation of evidence will be re-examined by the higher judiciary.
This appeal reintroduces legal debates from a case that has gripped the state for years, highlighting the complexities of establishing conspiracy charges. The High Court's eventual decision will be a pivotal moment, determining whether the trial court's stringent sentence will stand or be modified.
