Kerala High Court rejects N.S. Sunil’s plea to recall witness in 2017 actor assault case

Kerala High Court rejects plea by prime accused in 2017 actress assault case to recall witnesses.

The Kerala High Court has rejected a plea by the prime accused in the 2017 actor assault case seeking the recall of two witnesses examined during the trial, saying that it was "frivolous" application aimed at "delaying" the disposal of the matter.

Justice C. Jayachandran further said that evidence sought to be adduced by recalling the two witnesses was "not essential for a just decision of the case" and dismissed the plea moved by the prime accused N.S. Sunil.

“... the trial commenced on January 30, 2020. The time limit fixed for disposal of this case by the Supreme Court was extended on several occasions. The present application appears to be a frivolous one, filed with an eye fixed on delaying the disposal of the case.”

"That apart, a person (Suni), who had enough opportunity to do a thing, which he did not avail, cannot turn round later and complain of want of opportunity," the High Court said.

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Sunil moved the High Court after his plea to recall the two witnesses — both experts in the field of forensic science — was rejected by the Sessions Court.

One of the two witnesses was the doctor who collected the samples for forensic examination and the other was the Assistant Director of the Forensic Science Laboratory.