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2022 Supreme(Ker) 9

KAUSER EDAPPAGATH
State of Kerala – Appellant
Versus
Sunil N. S. @ Pulsar Suni S/o Surendran – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P. Narayanan, Sajju S.
For the Respondents: V.V. Pratheeksh Kurup, Alex Joseph, Nisha K. Peter K., M.A. Vinod, A. Mohammed, K.V. Sabu, B. Raman Pillai, T.R.S. Kumar, K.L. Sreekala, Philip T. Varghese, Thomas T. Varghese, Achu Subha Abraham, V.T. Litha, K.R. Monisha, Shruthi Sara Jacob, Nitya R., Sujesh Menon V.B., Mahesh Bhanu S., Nikhil K. Sabu, R. Kamal Ram, Jayaraj Reji, Akhil K. Sabu, T.A. Shaji, B. Ramanpillai, Bhagya Shree Kamath K.V.

ORDER :

1. These Crl. M.C. are preferred by the State challenging two separate interlocutory orders passed by the Additional Special Sessions Court (SPE/CBI)-III, Ernakulam in Crl. M.P. Nos. 2039/2021 and 2040/2021 in S.C. No. 118/2018 dated 21st December, 2021.

2. The respondents are the accused. The offences alleged are under Sections 120(B), 109, 342, 366, 354, 354(B), 357, 376(D), 506(1) 201, 212 r/w S.34 of IPC and Sections 66(E) and 67(A) of IT Act, 2008.

3. The prosecution case in short is that, on the night of 17.2.2017, the survivor, a South Indian cine actress, was abducted and sexually assaulted in a moving vehicle at Ernakulam while returning from shooting location by the accused Nos. 1 to 6. The prosecution alleges that the Accused No. 8, a South Indian cine actor and producer, who is the master mind of the crime hatched the criminal conspiracy with the remaining accused to commit the offence.

4. The case which received national attention has reached this Court and the Apex Court on more than one occasion at different stages. The Apex Court by its order dated 16th August, 2021 has directed the Court below to complete the trial within six months which will expire on 15.2.20

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