Kochi: The police team investigating the sexual assault of an actress is divided over the contents of the charge sheet they are preparing against the accused including leading actor Dileep. A section of officers feels that the evidence collected so far is unlikely to stand the trial in a court of law.
Even the legal advisers have backed the officers’ demand for more inquiry to strengthen certain links in the case. The police are trying to present a foolproof charge sheet after the draft came under criticism from several officers.
The charge sheet will include the details of the accused, their antecedents, witness statements and forensic examination reports. The draft will be handed over to the public prosecutor for his perusal. The final charge sheet will be prepared in consultation with the prosecutor.
The police are careful in handling the high-profile case because they do not want to draw flak from the court as in the sensational Paul Muthoot murder case. The Kerala High Court made stinging remarks against the state government and the police for the lapses in investigation into the highway murder of a business scion in 2009. A charge sheet was rejected by the Ramankary first class magistrate. Even the CBI suggested that the police goofed up the case intentionally.
The Lavalin case was another embarrassment to the investigators. A special CBI court threw out the charge sheet against chief minister Pinarayi Vijayan and others in the corruption case. The CBI thought that its charge sheet was formidable but the court acquitted the accused even before the trial started.
The national agency was also pulled up by the court in the Anagha case. The court rejected the charge sheet multiple times.
In the Jisha murder case, the police submitted the charge sheet without crucial testimonials and evidences. The police admitted that they could not come across two vital pieces of evidence. The investigators could not retrieve the mobile phone and dresses the accused had on at the time of the murder of the girl.
The police suspect that Ameer destroyed his phone two days before the murder but they cannot explain why he did so. The investigating team had asked for more time to submit the charge sheet before the district principal sessions court. The police had only 60 days to submit the charge sheet as the accused faces serious charges including atrocities against Dalit.
In the latest case, accused Dileep could seek relief from the court if the inquiry goes on and on. He could argue that there was no proof linking him to the case and seek release. If the court heeds his prayer, it would be a slap on the face of the police.
The actor could approach the high court under section 482 of the Criminal Procedure Code and Article 226 of the Constitution and request to undo the charge sheet. If the court takes a favorable stand, the investigating officers could face civil and criminal procedures.
Dileep is accused of plotting the attack on the fellow actress in a moving car near Angamaly in February. He was released on bail on Tuesday after 85 days in custody.