The trial of the actor rape case will be transferred from the CBI-3 special court to the Principal District and Sessions Court, Ernakulam. However, there will be no change in the judge adjudicating the case.
The transformation has been initiated following the transfer of Thiruvananthapuram Additional District Judge-1 KK Balakrishnan as Special Judge CBI-3, Ernakulam. With the appointment of a new judge in the CBI court, the actor rape case will be recalled from the court and posted in the Principal District and Sessions Court.
Honey M. Varghese, the Special Judge, who is hearing the case, will continue to hear the case in her capacity as Principal District and Sessions Judge, Ernakulam. Ms. Varghese, who was holding full additional charge as CBI Special Judge 3, will be relinquishing the charge of the CBI court shortly.
Originally the matter was heard by the then Principal District and Sessions Judge, Kausar Edappagath of Ernakulam. Later, Ms Varghese was entrusted with the conduct of the trial after the victim moved the Kerala High Court seeking appointment of a woman judicial officer to look into the matter. The victim later approached the High Court and the Supreme Court seeking change of court, alleging that the judge was biased against her. He had also complained that the judge remained a mute spectator to actor Dileep, the 8th accused in the case, when he was questioned and harassed by his lawyer.
However, the High Court and the Supreme Court refused to entertain the petition for change of court.
Incidentally, actor Dileep had complained in a petition filed before the Supreme Court last week that the accuser (survivor) was trying to buy the stage by seeking changes in the court. The prosecutors and the prosecution were working together to thwart the apex court’s orders to complete the trial in a time bound manner. They were also making every effort to ensure that the presiding officer would not adjudicate the matter by obstructing the trial. It was the effort of the prosecutor and the prosecution to prolong the trial until the judicial officer vacated his position on promotion to a better court. The top court is likely to consider the petition soon.