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2020 Supreme(Ker) 815

V.G.ARUN
State Of Kerala – Appellant
Versus
Sunil N. S. @ Pulsar Suni – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER

ORDER :

The Special Public Prosecutor appointed by the State and the de facto complainant/victim in S.C.No.118 of 2018 pending on the files of the Additional Special Judge (SPE/CBI)-III, Ernakulam, seek transfer of the case to another court, on the apprehension that the Special Judge before whom the trial is being conducted is biased against the prosecution.

2. The case originated from a complaint filed by the victim, a film actor of repute, stating that, while travelling from Thrissur to Ernakulam on 17.2.2017, she was abducted and subjected to sexual assault, and that the sexually explicit act was recorded. This resulted in Crime No. 297 of 2017 being registered at the Nedumbassery Police Station. After the investigation, the final report was filed alleging commission of offences under Sections 120A, 120B, 109, 342, 366, 354, 354B, 356, 376D, 506(1), 201, 212 read with 34 of the IPC and Sections 66E and 67A of the Information Technology Act, 2000. The gist of the findings in the final report is that the crime was committed at the instance of the 8th accused, another film actor, pursuant to a conspiracy hatched by him with the other accused.

3. After completion of necessary formaliti

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