Trial in the actor rape case will be shifted from the CBI-3 Special Court to the Principal District and Sessions Court, Ernakulam. However, there will not be any change in the judge considering the case.
The transfer order was issued by the Kerala High Court on Monday.
The change has been introduced following the transfer of K.K. Balakrishnan, Additional District Judge-1 of Thiruvananthapuram, as Special Judge CBI-3, Ernakulam. With the appointment of the new judge to the CBI court, the actor rape case will be recalled from the court and posted to the Principal District and Sessions Court.
Honey M. Varghese, the Special Judge, who is trying the case, will continue to hear the case in her capacity as the Principal District and Sessions Judge, Ernakulam. Ms. Varghese, who was holding the full additional charge as the CBI Special Judge 3, will relinquish the charge of the CBI court shortly.
Originally the case was tried by Kauser Edappagath, the then Principal District and Sessions Judge, Ernakulam. Later, Ms. Varghese was assigned the responsibility of conducting the trial after the survivor moved the Kerala High Court seeking to appoint a woman judicial officer to consider the case. The survivor later approached the High Court and the Supreme Court seeking to change the court alleging that the judge was biased against her. She had also complained that the judge remained a mute spectator when she was examined and harassed by the counsel for actor Dileep, the 8th accused in the case.
However, the High Court and the Supreme Court refused to entertain the plea for change of court.
Incidentally, actor Dileep, in a petition moved before the Supreme Court last week, complained that the prosecutrix (the survivor) was attempting for forum shopping by seeking a change of court. The prosecutrix and the prosecution were acting hand in glove to defeat the orders of the apex court to complete trial in a time-bound manner. They were also making all efforts to ensure that the presiding officer will not pass the verdict in the case by disrupting the trial. The attempt of the prosecutrix and the prosecution was to get the trial prolonged till the judicial officer vacates her office on being elevated to a superior court. The apex court is likely to consider the petition shortly.
