The prosecution may find it difficult to establish conspiracy to pin eighth accused Dileep in the February 17 actress attack case. The police claim to have secured 'incriminating and clinching' evidence to prove that the conspirator and the executor had met on several occasions to 'plan and operationalize' the abduction of the actress.
But, a seasoned investigator, who did not want to be named, told Onmanorama that the pieces of evidence were too weak to stand 'meticulous and objective' judicial scrutiny.
A conspiracy crime would have four parts, namely, motive, planning (conspiracy), execution, and regrouping (contact between executor and conspirator). Sources said in countries which followed highly evolved criminal investigation protocols, the police deliberately allowed the suspects a 'controlled free run' after the execution. This allows investigators, who would be surreptitiously following the suspects, to gather key evidence. The stakeout would include physical shadowing and cyber and electronic surveillance.
The theory is that the suspects would establish contact with the conspirators once the crime is executed, thereby leaving crucial and key evidence for the police to connect and bind the 'chain link of evidence.'
In the actress attack case, the police, under tremendous media and public pressure, were forced to arrest key accused Pulsar Suni even before he established contact with the key conspirator. Suni tried to 'establish contact' with the conspirator only after his arrest, in prison. But the court may not buy such evidence, wherein the occurrence was in police or judicial custody.
Sources said in the actress attack case, excessive media glare and public scrutiny had more than once impeded evidence gathering and scientific investigation. Any move which was against the 'public notions of justice,' which could be of judicial and investigative importance was quickly pictured as 'corrupt and deviant,' a former police officer said.