Malayalam film actor Dileep, an accused in the abduction and sexual assault of an actress in February 2017, Wednesday filed an appeal in the Kerala High Court challenging the dismissal of his plea seeking a CBI probe into the case.
Citing various Supreme Court judgments, he said the false implication of a person in a criminal offence was the worst form of injustice and a vitiated investigation the precursor for miscarriage of criminal justice.
"As held by the apex court a trial based on partisan, motivated, one-sided or biased investigation can hardly be a fair trial," he submitted in his appeal.
The learned single judge "dismissed the writ petition without proper appreciation of the facts and the law," he claimed.
In his plea seeking CBI probe into the case, Dileep had alleged that a specially constituted team of police officials carried out a "meaningless investigation filled with unusual acts of omissions and commissions" and he was falsely implicated in the case.
He had sought direction from the Court to the Central Bureau of Investigation (CBI) to re-register the case and carry out a fair, impartial and truthful investigation in the matter.
Dismissing the plea in December last year, the single judge had observed that the allegations levelled by the actor need to be proved during trial in the sessions court.
Police have investigated the case and filed the charge sheet, the single judge had said, adding that no material had been placed to warrant a CBI probe.
The prosecution had opposed the plea, alleging that the actor was adopting delaying tactics.
Dileep was arrested on July 10, 2017 and let out on bail on October 3 after 85 days in custody.
The High Court had granted him bail with stringent conditions.
Seven other persons, including key accused 'Pulsar' Suni, were arrested in connection with the actress abduction case.
The actress, who has worked in Tamil and Telugu films, was abducted and allegedly molested inside her car for two hours by the accused, who had forced their way into the vehicle on the night of February 17, 2017 and later escaped in a busy area.
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