Thumba Police Station.
Yes, Circle Inspector speaking.
Where?
Sir, I made the call to the station.
Sir, this is the girl's father.
- Please wait outside. - Okay, sir.
Where is the girl?
- Record her statement. - Okay, sir.
- Are you Seema? - Yes.
You were not here?
After Sir and his wife left for the wedding,
I had gone to the bank.
What do you do?
I have a business, sir.
I run a Curio shop at Kovalam.
Shanthi, what did the police say? Have they found out who it is?
How can a blind girl identify the person?
There has been contact.
Vaginal wall contusion is there.
We've collected the swab.
Report?
It will be ready by tomorrow. I'll give it tomorrow.
Okay.
The mother and daughter can sit here.
You please wait outside.
After Dad and Mom went out,
Seema Chechi went to the bank.
I went to take a bath then.
When I got out after the bath,
I felt the presence of someone else in the room.
No, Mom!
I'll sleep alone.
- But, dear... - Mom, please.
I want to be alone.
Don't force her.
Don't lock the door, dear.
What did the police say?
They need to find who it is.
That's the first major obstacle.
It's not like other ordinary cases, right?
Since she is blind....
This is it, sir.
Did your daughter make this?
Yes, sir.
She does sculptures.
She had learned it before she lost her eye-sight.
But how can she do this without seeing the person?
While he was assaulting me,
I discerned his face through my fingers.
We suspect someone, sir.
The day before the incident,
a boy who resembles this sculpture had come here asking for directions.
He had come to our neighbour Vinod's house.
What's the name of your friend?
His name is Michael, sir.
He is my class-mate.
Why did he come here?
To invite me for his wedding.
Do you know where he would be, at present?
Hello! Michael, right?
Yes.
- Come. - What is it, sir?
- Come. - Come on.
- Come, we'll tell you. - What's the matter?
Dear!
- Take her away! - Dear!
At today's identification parade in Thumba, Thiruvananthapuram,
for the assault case of the blind girl,
she successfully identified the culprit.
The girl, who's the victim in the rape case,
identified the culprit through sound and touch.
The accused Michael Joseph, who has been arrested,
is the son of Mumbai based Malayali businessman Christopher Joseph.
He's engaged to the Central Minister's daughter...
This is the punishment that the Lord has given him, for deserting us.
First, the girl lost her eye-sight.
And now, this.
This won't be the end of it.
He will continue to suffer!
In the name of settlements and compensations,
I have invested a lot on you.
And I am still investing!
Why are you humiliating us like this?
Your wedding has been fixed, right?
What do we tell them now?
Christy, what will we do now?
Let him stay behind bars for some time.
Let's see whether he mends his ways at least then.
What's the point in crying?
Didn't you see how he's behaving?
You must save him somehow.
Shall we try talking to that girl's family?
- Or, shall we go to their place? - Ancy, this is not Mumbai.
This is Kerala!
I don't want to know all that, Christy.
You must save him, come what may!
I need Advocate Rajashekhar!
He's mostly in Delhi now, sir.
- I don't care! I want him here! - Sir!
- Hi, CJ! - It's been a long time!
Yeah!
Meet my daughter, Poornima.
- Hello! Lovely meeting you. - Nice meeting you.
- Is she a lawyer? - Yeah.
She's an independent lawyer.... at the Supreme Court.
Wow! That's nice!
There's a matter at the High Court tomorrow.
- So, we came here together. - Okay.
How will we handle this case?
His marriage has been fixed.
If he doesn't get bail...
Usually, bail won't be granted.
But when it comes to clients like you,
I have my own ways, CJ.
First, let's try for a settlement.
This girl's father has two sons from his first marriage.
Let's make an attempt through them.
But you just landed!
How could you...?
That's how I function!
Once I accept a case,
I'll do a background study first.
Then, I'll try for a settlement.
But that would be more profitable for both of us.
Okay, okay.
Sir!
I called you guys to talk about the settlement.
We can pay a fair amount to that girl as compensation.
You must talk to her father.
We will talk to him, sir.
What would be the amount, sir?
- Come. - Okay, sir.
There's no point in fighting the case, Dad.
You'll only be humiliated further.
He will be acquitted easily.
His dad is loaded with money.
Nothing will work against them.
We can demand this only as long as he is in jail.
If you settle this, accepting the amount they're offering,
you can live comfortably hereafter.
I'm happy that you guys took the effort to come here, my dear sons.
Dad, though we're not related by blood,
Sara is our sister, after all.
If she has a problem, shouldn't we intervene?
If you are saying this honestly,
you should be helping us in fighting against them legally.
We won't be able to fight them legally, Dad.
They will purchase everything they want.
If there's such a possibility before them,
will they be ready for a settlement with us?
They're not interested in pursuing the case.
We just have tell them the amount that we need.
I spoke for so long just to get this out of your mouths.
Don't I know how the two of you are?
Am I not your father?
Get out of here!
Shameless fellows!
Trying to make a settlement?
- Sara, we were.. - I have nothing more to say.
Even if we lose the case,
we're not so desperate as to live off their money.
No one has to come here to talk about that!
- No wonder this happened to you! - Get out of here!
You will suffer for what you did to my mother!
You will suffer doing endless rounds of the court, with this blind girl.
I don't care! Get out of here!
Get out, both of you!
What did the Minister say?
He is upset.
His daughter hasn't been able to digest the fact that Michael is innocent.
Sir!
I don't think the settlement would be possible, sir.
- Are they on the line? - Yes, sir.
What's the problem?
Sir, Dad is not agreeing to the settlement.
Are there any media-persons over there?
No, sir.
You must call some people from the media.
Okay.
Okay, sir.
What is it?
We have a small task.
Do you know who we are?
We are the victim's brothers.
We know why you've gathered here.
- Didn't you call us here? - Who called you?
Didn't you call us here?
- Who the hell called you here? - Mind your language!
- Hello, sir!
- Mohammed, what have you done? - Sir, I...
Didn't I tell you that we should be really careful
until the bail application is considered?
- Let me tell you, sir. - Annoying the media will act against you.
Sir, I'm not aware of all this.
You know who's representing the culprit, right?
India's leading Defence Lawyer.
Advocate Rajashekhar.
Where are you all running off to?
- Is it a roll call? - Rajashekharan sir has a trial today.
- Which Rajashekharan? - Rajashekharan sir, from Supreme Court.
- The Thumba case. - Oh! It's today?
Crime No. 2752/2022.
Thumba Police Station.
Accused, Michael.
Mr. Rajashekhar!
Welcome back to Trivandrum District Court.
Thank you. Thank you, Your Honour.
It must be a sensational case.
No.
It's an ordinary case.
Then you will make it sensational with your presence.
Yes!
Your Honour,
this is a case of house-trespass and rape...
in the broad daylight,
on a blind girl.
An unknown young man appears out of thin air,
rapes a blind girl in the middle of the day,
leaves no trace behind, and vanishes.
That girl, who has never seen anything with her eyes in her life,
makes a sculpture of that person using her own hands.
The police, upon seeing the face of the sculpture, charge the accused.
- She could see until she was 12.. - What 12? That's not relevant!
Your Honour, the crimes of rape and assault,
outlined in the IPC written in 1860,
aren't exclusive to Uttar Pradesh.
There's no shortage of such stories in our Kerala Police case diaries either.
Yes, yes.
I've seen the files.
I was also curious.
How did she identify him?
The girl knows how to make sculptures.
Using that skill, she made a statue of the accused.
That's how he was arrested.
We're lucky that the statue didn't resemble any of us.
What do you say, PP?
Err... Err...
Evidence....
Evidence is still being collected.
But... effective investigation is going on, Your Honour.
Wound certificate?
Err...
What are you searching for?
Yes!
There is a contusion!
She's in her teens, right?
She's likely to have contusions in many places.
So, the State has no objection to granting bail?
No, no, no!
It's not like that. Offence is committed, Your Honour...
By the... On the victim.
Effective investigation is also going on.
But the evidence...
- What about the test identification? - In the test identification,
the girl has identified him by touch and sound.
Yeah, right!
How can a girl who doesn't know how her own face looks like,
identify another person's face?
This is just a farce being played out in front of the Magistrate.
Your Honour,
there is no trace of semen,
no injuries found in the wound certificate,
fingerprints are also absent.
The Prosecutor is struggling to oppose,
as there is no material evidence to connect the accused with this alleged crime.
Bail application may kindly be allowed, Your Honour.
Bail granted.
Huh?
Next!
Sir! Sir! Did you expect that bail would be granted?
Well, 100%.
Because this is a fake case.
My client has been framed.
Thank you.
Sir, I didn't expect that bail will be granted so quickly.
What can I do if the court does not believe this story of yours?
Story?
Convincing you about all this is not my job!
If you have any doubts, talk to the investigating officer.
He got bail?
But everyone told me that bail won't be granted in such cases usually.
According to them, the evidence isn't sufficient.
Didn't our daughter identify him?
She sculpted his face, right?
That's not credible enough, apparently.
Don't worry, dear.
The case is not over, right?
We will continue to fight!
Michael,
tell me whatever happened, as they happened.
I don't want you to miss anything.
My God!
He's a born criminal!
He has created enough loopholes to evade punishment himself.
To be honest, such guys should be killed on the spot.
Dear...
We are lawyers! Don't forget that.
We are human beings too, Dad!
If we don't accept this case, someone else will.
Or the Government will hire a lawyer for him, funded by them.
How does it matter then?
By the way, what's happening with your case?
I've got the order.
- I will leave tomorrow. - Oh!
When are you coming?
I have two more important meetings.
Sometimes, tomorrow evening. Otherwise, day after.
Okay.
Why did you want to meet me urgently, sir?
Most likely, I'll be transferred from here.
There was immense pressure upon me to make some adjustments.
But I didn't give in.
The Public Prosecutor is not dependable.
So, you must give an application requesting for a Special Public Prosecutor.
I have some connections in the Home Ministry.
Moreover, the Government usually considers the name
that the investigating officer suggests.
I will do as you say, sir.
And one more thing.
Many will approach you, to take up your case.
They will say that they can assist the current Prosecutor and all that.
But do not take any decision, without consulting me.
Okay, sir.
- Print this. - Okay, sir.
Mr. Mohammed...
I am a Defence Lawyer.
It's not because I have a problem in appearing for the victim.
I'm really busy.
The trial of a murder case is going on now.
However much your fee is, I can pay it together as a lump-sum.
It's not about the fee, Mr. Mohammed.
I told you, right?
I am really busy.
It would be better if you approach someone else.
Okay then.
- Give these at the court tomorrow. - Okay, sir.
Brother!
There's no point in meeting any of the senior advocates here.
This is entirely Advocate Rajashekharan's game.
Advocate Rajashekharan was at the Tennis Club yesterday.
He must have influenced all the senior advocates.
They are rich people.
They can do anything they want!
We haven't hurt anyone till date.
Yet...
why do we have to suffer...
I am Advocate Sudheer Kottayil.
She just has to sign this document.
I will take care of everything else.
Even if Sir says that he has accepted this case,
consider that you've won half the battle.
Didn't I tell you, sir?
Give me a day's time.
I will come to your office.
Mr. Mohammed,
you know who the defence lawyer is, right?
Major games are at play now.
With every moment that you're wasting now,
your case is becoming weaker.
If the fee is the problem, we can give you a discount.
Sudheer sir considers this case as a prestige issue.
- Yes. - Didn't I tell you, sir?
I will come to your office.
I wonder why he was so late in approaching you.
Many more such frauds will approach you.
None of them are trustworthy.
Don't worry, Mohammed.
We'll find someone else.
I'm not asking you to refrain from testifying or to change sides, Chechi.
In your testimony,
just add certain words that we're suggesting.
No one will understand anything.
And you will get some money too.
How much will I get?
Advocate!
It's a success!
You know my account number, right?
The money should be credited in my account tomorrow morning.
What? What?
Easy?
Then why didn't you do it yourself?
I had to brainwash her for five to six hours.
If the money is not credited in my account by tomorrow morning,
the testimony will change.
Okay. Okay then.
Stop, stop!
Hey!
Long time, sir!
- What are you doing here? - I came to meet someone.
There's a friend of yours, right?
- Advocate Vijayamohan? - Yes.
Where is he now?
What's the matter?
I need to talk to him about a case.
Sir!
- Please wait here, sir. - Okay.
Sir!
Huh?
Ahaana!
Who?
It's Ahaana, sir.
Ah!
- What is it? - Someone is here to meet you.
Huh?
This...
Sir, that witness has escaped.
He can't say that, it seems.
- Rather than catching him... - Hey!
Just a minute.
- Namaste. - Sir, this is CI Paul Varghese.
- Hello. - I'll call you back.
Hang up.
Sir, did you notice...
a new case on the media recently?
The case of a blind girl who was raped?
That famous group from Bombay?
Yes, CJ Group.
It's his son.
The Public Prosecutor messed up in the case.
The accused got bail.
In this case,
as the Special Public Prosecutor...
We're planning to suggest your name, sir.
Me?
What are you saying?
Sir, it's been many years since I stepped into the court.
You still have that fire!
We have confidence in you, sir.
There are so many experienced advocates out there.
Give this case to them.
Sir, since Rajashekhar is the defence lawyer,
most of the advocates are not ready to accept this case.
Even if such a person comes forward,
they won't be sincere about it.
To handle a trial...
Sir, I am not fit for this case.
Sir, long back...
Rajashekhar had us in deep water, right?
Don't you want to get back at him somehow?
There's no revenge in my heart towards anyone.
I had forgotten it long back.
Sir, it's not about revenge for me either.
I clearly know what your passion is, sir.
It's out of my desire to see you practising as a good lawyer, like earlier.
That won't be possible now.
Sir, can you come to a place with me?
Please!
Dear, it's us!
Dear, someone is here to meet you.
He's the Advocate who's going to fight the case for us.
- Hey, I-- - Please don't say anything now, sir.
Please come, sir.
Come. Please!
Go inside, sir.
Dear, this is Advocate Vijayamohan sir.
Namaste, sir.
Namaste.
Sir, these are all sculptures made by my daughter.
She lost her eye-sight when she was 12 years old.
She had learned all this from me, before that.
If you want to know something,
you can talk to her.
- But, I... - Sir, please talk to her now.
We'll decide everything else later.
Come, let's wait outside.
Carry on, sir.
Come.
Sir?
Huh?
Thank you, sir.
Dad had told me that no one was willing to take on this case.
At least you felt the need to take it up, right?
What do you want to know?
Please ask me.
- Hey, I... - My name is Sara.
Sara...
Sara, I'm not a practising Advocate at the moment.
I know.
I had heard CI Sir talking to Dad.
Dad says that I can hear everything even louder, since I am blind.
I know, sir.
We will win this case.
I can sense it.
Things are different from how you're imagining them, Sara.
So...
You haven't come to take up this case?
I don't know whether you would understand what I'm saying.
It's been many years since I attended a trial.
I lost that touch.
I am not...
confident any more.
I can understand that...
more than anyone else, sir.
But think about my situation, sir.
My father died when I was really young.
After that,
I lost my eye-sight.
Even in that darkness,
through a God-given skill,
I found a path to light.
And now, this.
All the sounds around me...
are really scaring me.
But...
I will break free from all this.
My blindness is just physical,
not mental.
I refuse to live in fear of the man who assaulted me.
Shall I tell you what your situation is right now, sir?
You're unable to take up this case,
and you don't want to hurt me either.
You are an honest man.
Otherwise,
you'd have cooked up a lie and escaped from here.
Don't be sad about that, sir.
I'm sure someone will come to help me.
That belief keeps me going.
Will there be a delay in getting the Government order, sir?
We can speed that up.
Shall we leave?
- Let's leave. - Sir...
- The case... - Let me study the case.
- He didn't say anything. - He will. We'll sort it out.
Sir, shall I ask you something openly?
What's the actual reason why you're trying to avoid this case?
Are you afraid of failure?
My own failure doesn't concern me;
but it's crucial that the girl doesn't fail.
You said it, sir.
This is exactly why we came to you, sir.
Which other lawyer would think in this way?
Think about it and let us know about your decision, sir.
We are all counting on you.
It's not because I don't trust you, sir.
Just consider that I am sharing my concerns openly.
Will this lawyer be right for us, sir?
He is highly knowledgeable in the field of law.
He's well updated too.
In several important criminal cases,
he's the one who writes argument notes for lawyers.
Similarly, in many complicated cases,
even senior lawyers call him to seek advice.
That's his source of income, as well.
Forgive me, sir.
I don't really know much about this.
Yet, I am asking this.
Giving legal opinions and handling a trial...
are two entirely different things, right?
He's a lawyer who used to handle trials very well.
Why did he stop it then?
It's an incident that happened many years ago.
Rajashekhar was a senior lawyer
who had an extensive career specializing in criminal cases.
Vijayamohan, who started as a junior in his office,
swiftly became established in the field of trials.
Around that time, Rajashekhar's daughter, Poornima...
joined the office as a junior lawyer.
As time went by, they grew quite close to each other.
That could explain why Vijayamohan...
chose to stay there instead of setting up his own office.
Every phase of Vijayamohan's growth,
happened right in front of Rajashekharan's eyes.
And... the closeness between Vijayamohan and his daughter didn't please him.
That's when I was appointed as the Sessions Clerk in the court,
having passed the Government test.
Vijayamohan borrowed certain court documents from me,
explaining that they were needed for a case,
promising to return them on the next day.
As per the rules, we're not supposed to give it to anyone.
But we do help certain lawyers whom we trust,
when it comes to emergency situations.
Anyway,
those documents went missing from Vijayamohan.
It became a huge issue.
The court intervened...
and suspended Vijayamohan from the bar council for five years.
Along with that, I lost my job too.
But we realized after a while...
that it was Rajashekhar, who was behind all this.
Soon after, Rajashekhar got his daughter married to a Supreme Court lawyer.
And she shifted base to Delhi.
So, after his suspension period,
he never got back to practising?
He did start practising,
but he wasn't getting any good cases.
Knowing that he could become a threat if he advanced further,
everyone joined forces to suppress him.
When Section 114's presumption....
is limited to the recovery of stolen properties,
it can be presumed that he stole it,
or received the stolen properties.
But it cannot be presumed that he committed the murder,
unless there are foundational facts.
Double presumption is not possible.
Sir, anything about the case?
I have many cases. Which case are you talking about?
Refer Justin v/s State of Kerala.
- The rape of the blind girl. - Oh! That one?
Haven't you heard of "easy money"?
Money that's made easily, without putting in any effort?
This case is an attempt to make money like that.
Who is behind this, sir?
It will be revealed gradually.
Anyway, we have strong evidence to prove that my client is innocent.
- Sir, the Central Minister's daughter-- - Sorry!
No more comments, please.
Talking about direct evidence...
The content of the chemical substance found from the vaginal wall,
and the chemical substance of the condom found from the accused's wallet,
are one and the same.
There are no fingerprints.
And... the day before the incident,
the accused stayed in the neighbouring house,
and we have witnesses to testify that.
Proving the identification in court...
is the challenge in this case.
The Government has given this car for you, sir.
To take it back after the case, right?
I don't want any new habits.
I'll take an Uber.
- Paul! - Sir!
The photos of the sculpture and the memory card...
are not present in the CD.
It's present, sir. It's present in the Mahazar report.
It's present only in the Mahazar.
It's missing in the CD.
Oh!
So, he must have shifted it.
The new investigating officer.
Come, come!
Sir, this is Ashwathy.
She is my friend's sister.
Can she be your junior?
Please don't say no, sir.
What are you thinking?
I'm not sure whether I'll complete this case itself.
Sir, I just wanted her to assist someone who knows the law.
- You don't have to pay her any money. - Do you think I have any money?
- Sir, please. - Do whatever you want.
Come, come.
Poornima!
This is the place where you began practising.
Do you want to pay a visit?
- No, Dad. I need to go. - Okay.
All the best!
What's the name of the Special PP?
Sir, I heard that it's some guy named Vijayamohan.
He was reportedly on suspension for a while.
SC number 99/2022.
Accused, Michael.
CW 1, 2 and 3 present.
CW 1, Seema.
I swear in the name of God...
I shall state only the truth in the court.
I shall state the entire truth,
and nothing but the truth.
Chief!
Where do you work?
At Mohammed...
I work at Mohammed sir's house.
What are you work hours like?
From 7 a.m. to 5 p.m.
How long have you known this family for?
For five years...
I've been working there for five years.
Who all are there in that house?
Sir, his wife and his daughter.
Their daughter is blind,
so she always needs someone to be with her.
- Do you know what happened in this case? - Yes, I do.
Sir and his wife went to attend a wedding on that day.
I had gone to the bank.
Since their daughter was alone, I locked the door and informed her before leaving.
When I came back from the bank,
I saw that she was absolutely terrified.
I knew it when I saw her, that someone had heinously assaulted her.
I got really scared.
I called Sir immediately.
I couldn't reach him.
Then I called his wife.
I couldn't reach her too.
When I was clueless about what to do,
I saw the lady from the neighbouring house.
I went to her and told her what happened.
She and her husband called Mohammed sir,
but they couldn't reach him.
After that, they called the police.
Mohammed sir and his wife got back by then.
That's all, Your Honour.
Yes. Cross!
Sure!
- Seema? - Yes.
It's me.
How many keys does this house have?
Two keys.
So, you cannot say now
whether someone unlocked the house in the interim using a duplicate key, or not.
- It cannot be-- - Look there and say it.
It cannot be unlocked like that, sir.
One key is with me.
- The other one is with Sir. - Okay.
If someone duplicates the key that's with you without your knowledge--
- Who will duplicate it? - Pay attention to what I'm saying.
Imagine that someone else made a duplicate key for the key that's with you.
If someone else unlocks this house using that key,
will you be able to know that?
Err.. No!
No! So, how can you say that no one else has unlocked the house?
But nobody else--
Hey! Just respond with 'yes' or 'no' to my questions.
Don't try to act smart.
Your Honour, he's scaring the witness unnecessarily.
She's coming to the court for the first time.
So? Shouldn't I ask my questions?
Mr. Vijayamohan, what is this?
No, Your Honour. He cannot intimidate the witness.
I am not intimidating!
I will decide how to frame my questions for the witness.
You keep quiet and sit!
Well, no wonder!
People who haven't seen even the court's verandah in years...
are Special Public Prosecutors now.
May I continue?
Yes.
Let me finish this!
Seema...
So, apart from you,
only your boss can open the door to the house using that key.
Am I right?
Yes.
It was your boss who sent you to the bank that day.
- Wasn't it? - Yes.
What was the purpose of your visit to the bank?
I had applied for a loan to renovate my house,
at the co-operative bank.
And the Secretary of the co-operative bank is a friend of my boss.
So, it was upon his recommendation...
It was upon my his recommendation that I went there.
That means, your boss knew in advance that you won't be present in the house,
between 10:45 a.m. and 12:00 p.m., on that day.
- Am I right? - Yes, he was aware of it.
If he had to enter the house while you're outside,
your boss used to unlock the door using his key, right?
Yes, that's right.
But my boss returned only after I got back.
Didn't I tell you?
Respond to my questions with just a "Yes" or a "No".
If your boss had come to the house and departed before your return,
would you have known?
Would you?
No!
Since this girl was alone at home,
did you lock all the doors before leaving?
Yes.
Does this house have a door at the terrace?
Yes.
So,
if this girl had opened the terrace door for someone,
would you know that?
Answer me!
- No! - Ah!
You also cannot determine whether
your boss or his wife accidentally left the door open upon leaving.
Tell me!
- No! - No!
Therefore,
you cannot confirm whether they deliberately left the door open either.
Right?
Why are you looking there often? No one is going to tell you anything!
That's because she is scared.
The witness hasn't understood the question.
Didn't you understand the question?
No, sir.
Repeat the question.
Yes, Your Honour.
You already stated that...
you can't say whether your boss or his wife accidentally left the door open.
- Yes. - And therefore,
you can't say whether they deliberately left the door open, either.
Isn't that right?
No.
What was the response of the parents when you told them
that you had informed this to the police before they reached?
I'm asking the questions to you!
Don't you know the consequences of lying in the court?
You'll be sent to jail.
Her parents scolded you for informing the police.
Isn't that right?
Yes or no? Say it!
- Yes. - So, they scolded you.
That's it!
CW2,
Parveen.
We need an in-camera trial.
She is the victim's mother.
Everyone else can step out.
Chechi!
Why is he asking all these twisted questions?
He will make the prosecution witnesses say "yes" or "no" alone.
If there are explanations, the lawyer's intentions won't work.
This is called the art of cross-examination.
Have you seen the accused who's standing in the dock, earlier?
I have seen him.
When and where?
Can you please explain?
December 26th, Monday evening,
at around 3:30 - 4:00 p.m.,
we were having tea at our courtyard.
- Dad! - Yes!
I'm not coming for the wedding tomorrow.
So, you're going to stay here alone?
Seema Chechi will be here, right?
Seema, don't you have to go to the bank tomorrow?
Yes, sir. I've been asked to go there at 11:00 a.m..
Excuse me!
Where is Vinod's house?
The retired registrar's son?
It's the neighbouring house.
Oh!
Thank you.
Dad, please tell me.
- I needn't come, right? - If you don't want to, don't come.
Do as you please.
So, the accused may have heard
that your daughter would be alone during the time of the incident,
from your conversation, right?
- Yes! - What stupidity is this?
How can she determine whether someone else heard it or not?
Only the person who has heard it, can confirm it.
If I say that you've heard whatever I just said here now,
will you be able to deny it?
Your Honour, what is this?
- Tell me! - I heard it.
That's all!
Pardon me, for not taking permission.
I was trying to make a point.
Okay, okay.
You may continue.
That's all, Your Honour.
Cross.
What was your husband's job?
Oh, I'm sorry!
It's not just one person.
Since you have many husbands, you wouldn't know who I'm talking about, right?
I will ask you, one by one.
What was your first husband's job?
Car sales.
Broker!
I heard that he committed suicide due to debts?
Is that right?
Yes.
Due to the reason that he fell into a loop of debts and committed suicide...
after his love marriage with you,
none of his relatives are on good terms with you, right?
Objection! No relevancy!
It is relevant!
Is it my problem if you don't understand that?
Let me complete.
Yes, continue.
Thank you, Your Honour.
After the death of your first husband,
you had absolutely no means to live,
and that's when you met Mohammed, right?
- Yes. - Ah!
And you were aware that Mohammed had a wife and two children then.
Tell me. Were you aware of it?
- Yes, I was aware. - Okay.
You had come to understand that Mohammed's financial status
was far better than yours.
- Is that right? - Yes.
Yes!!
Women who entice married men with children,
especially those who are financially well-off,
thereby ruining their families...
- Scandalous question! - What is your problem?
You're always interfering without allowing me to complete my question!
I'm asking a general question!
Prosecutor,
have a seat. Let him complete.
Thank you, Your Honour.
Women who entice married men with children,
especially those who are financially well-off,
thereby ruining their families,
are often regarded as immoral by our society.
In your opinion,
are such women immoral or not?
Tell me!
Purely character assassination!
Cross-examination is not a license for character assassination.
Character and reputation of the victim,
are wholly alien to the very scope of section
376 of IPC.
State of Haryana v/s Prem Chand,
1990 AR, SC 538.
Even prostitute has the right to protect her person.
Privacy is a basic right even for a prostitute.
See, you haven't even understood what my question is.
And now, since you yourself have tagged this women that way--
Mr. Rajashekhar,
you cannot make imputations against her chastity.
The victim's family and background are really important in this case.
So, I must ask these questions.
Okay. You may continue.
Tell me. Is such a woman immoral or not?
Answer me!
Do you have an answer?
No answer.
Are you aware that
the accused in this case holds a very high financial position?
Answer me!
Are you aware that the accused is rich?
- Yes! - Yes!
So, she's aware of everything, clearly.
Counsel, conclude your cross.
This implies that you,
who remarried at the expense of another family's well-being
in pursuit of financial benefits,
are willing to exploit even your own daughter for financial gains.
Furthermore, you have filed a false case against this young man
purportedly for financial gain,
and are currently providing false testimony in court.
I suggest so.
For God's sake, please don't say so, sir.
- He's the one who-- - That's it!
You may step down.
Mohammed,
how long have you known the victim for?
I am her father.
How many fathers does she have?
This is embarrassing!
What's the case here?
The blind daughter of a father and a mother...
was raped heinously by the accused.
And now, that family's honour is being destroyed in the court.
The accused is standing with his head held high in the same court.
Cannot be permitted!
There's no point being emotional in court.
Just like the victim and her family,
the accused also deserves human consideration.
Until the court determines whether he's guilty or not,
that young man is also being humiliated.
Doesn't he have emotions too?
Trials are emotional roller-coasters for both the victim and the accused.
You should find a way to keep your emotions out of the courtroom.
If you can't do that, just quit, Mister!
You are not fit for this job!
Mr. Rajashekhar,
you can question properly.
Yes, Your Honour.
Are you the girl's biological father?
- No! - No!
When you became her father,
how old was Sara?
- Six years. - Okay.
But I knew her much before that.
Answer only to the questions you are asked.
Generally, everywhere you go,
do you take your daughter along?
Yes.
You didn't take her along on that day, right?
That's right.
Wasn't it you who sent the servant to the bank at 10:30 a.m., on that day?
Yes.
So, you knew that the servant won't be at home,
between 10:45 a.m. and 12:00 p.m., on that day.
- Yes. - Mohammed!
You had a very clear idea about that day.
After sending your wife for the wedding,
you went back home,
and did this to your foster daughter!
Don't speak nonsense!
You! You are the actual culprit in this case. I suggest so!
It's a lie! A blatant lie!
No further questions!
Actually, who left the door open?
It must be Dad.
If you're asked that, don't say that it's your dad.
Say that it must be the servant,
or that you don't know.
Why should I say so?
What I'm going to say now,
won't be very pleasant to hear.
It's your father who assaulted you,
and what's happening now is an attempt to cover that up.
That's what the defence lawyer is trying to establish.
That...
I should be the one confirming that, right?
I know that it's not my father who assaulted me.
Moreover, I identified the accused too, right?
The court needs evidence beyond doubt.
Sara, ours is an adversarial system.
Proving that the accused is the one who committed the crime,
is the prosecution's obligation.
It's not even necessary for him to prove his innocence.
If they're able to create a doubt in the case presented by the Prosecution,
he can even be acquitted.
Along with that, they will apply many other defensive strategies.
And one such defensive strategy they've applied in this case...
is to allege that your father committed this crime, Sara.
Hence, when you're subjected to trial tomorrow,
most of their questions will lead towards implicating your father.
So, pay close attention to the questions and understand them properly.
And if you don't understand them,
just say that you didn't understand them.
In case you understood the question,
and need time to answer that question,
say that you didn't understand the question.
The defence lawyer may create a ruckus then.
He may pressure you to respond to the question hastily.
Don't be scared hearing all that, Sara.
So,
how will I identify whether it's a twisted question?
Trust me.
You can do it, Sara.
You are an intelligent girl.
And I will be in the court, right?
If I feel that you're going wrong somewhere,
I will raise an objection.
I will pick a fight with the defence lawyer.
That's a sign for you,
and the time for you to think about your answer, Sara.
What is your name, dear?
Sara Mohammed.
Victim has spoken her name...
as is in the records.
She has been mentioned herein as "X".
What caused the loss of your eyesight?
Giant cell arteritis.
A condition characterized by inflammation
in the blood vessels that supply blood to the eye,
resulting in the loss of eye-sight.
What are your hobbies?
I am a sculpture artist.
I learned it from a very young age.
Dad is an expert at it.
He taught it to me.
What do you have to say about the incident?
That day,
I was alone at home.
Dad and Mom had gone for a wedding.
Our house-maid had gone to the bank.
And then,
I went for a bath.
Once I finished my bath and came out,
I sensed the presence of someone else in the room.
He disrobed the towel I was wearing.
He...
used force to push me to the bed,
and held my throat and said,
If you make noise, I'll slit your throat!
Does she feel uncomfortable?
Does she need a break?
Do you need a break?
- No. - No!
That's all, Your Honour.
Cross!
How do you identify things that are around you?
I...
identify most of them by touching them.
So, you rely heavily on touch to gather information, right?
Yes.
Both in my life,
and in my art,
touch plays a crucial role.
Okay. Then, let's talk about your art.
So, you learned to make sculptures from your step-father?
Yes.
How did your step-father teach you to make sculptures?
I didn't understand the question.
I'll elaborate it then.
Did he teach you to create sculptures by touching you and having you touch him?
It's offensive!
Sexually coloured remarks!
There's obscenity and innuendo in the question.
The defence lawyer is committing a crime as per IPC 354.
Victims often find courtrooms unapproachable
due to such harrowing trials.
My question is related to the case, with the aim of revealing the truth.
Defence counsel can ask questions related to the incident.
Confine to facts and issue.
Yes, Your Honour.
Will you able to recall what happened that day?
Please try.
When you say that you ran your fingers along the accused's face,
caressing it, for an extended time during such a traumatic incident,
doesn't it sound unnatural?
Huh?
Engaging in caressing during an act like rape is impossible. I suggest so!
I was scared...
and absolutely helpless.
Okay.
To identify who the culprit is,
I realized that's the only way I had in front of me.
Oh!
I turned my pain into art.
Whoa!
You turned your pain into art!
Good!
Then why didn't you tell the police about such a possibility initially?
Well...
Tell me.
Well, I...
That means, you never created such a sculpture.
- I created it. - Mere claims won't suffice!
What evidence can you adduce in court to establish that you're the creator?
Your Honour, this is an attempt to discredit the victim.
You continue.
One the day of the incident,
no door was broken into,
as far as you know, right?
No.
He entered through the door upstairs.
The police gave you that information,
but you never saw it, right?
Otherwise, the only person who knows this, is your father.
When you're subjected to trial tomorrow,
most of their questions will lead towards implicating your father.
- It's not like that. - Huh?
Dad, Mom and even Seema Chechi knew it.
Mom and Seema Chechi won't leave that door open deliberately, right?
- Isn't that right? - In case you understood the question,
and need time to answer that question,
say that you don't understand the question.
I didn't understand the question.
How is it difficult to understand this question?
Your mother or the servant will never leave that door open deliberately.
Isn't that right?
No one will leave it open.
Oh!
Since you're an adult,
you were likely aware of sexual acts before this incident, right?
- I am aware. - How?
Some time back, you stated to the court...
that your typical way of understanding things is through touch or experience.
Unfortunately, you cannot comprehend them through sight, right?
I had eyesight until I was 12 years old.
Okay.
While studying in school,
I had received sex education.
Oh, good!
Even when girls grow older,
there's nothing wrong in parents expressing their love towards them, right?
- No! - No!
Since you are blind,
you must be expressing your love towards your father...
through your hands, right?
Huh?
I don't understand.
You will be expressing it
by touching, caressing or hugging him with your hands, right?
Not just with my father,
I do the same with my mother too.
So, you mean to say that...
that's how you express your love to everyone you are fond of.
- Isn't it? - Yes.
That means, you've never touched anyone whom you don't like, in that manner!
- No! - Ah!
So, from whatever you've told the court so far,
you touch someone,
or allow someone else to touch you,
only when you have a sense of love or acceptance towards them, right?
- I didn't mean-- - Your Honour, vehemently objecting!
This line of questioning is misleading and manipulative.
Her inability to defend herself due to fear of death
does not imply that she gave consent!
This is ridiculous!
What kind of trial is this?
Mr. Vijayamohan should refrain from disrupting the court.
Mr. Vijayamohan,
I've noted your objection.
You shall not interrupt the trial.
Mr. Rajashekhar,
you may proceed with your defence,
but rephrase your question.
- Yes, Your Honour. - Sir, I shall answer that question!
I touch someone,
or allow someone else to touch me,
only when I have a sense of love or acceptance towards them.
I didn't resist when he raped me, solely because of the fear of death.
It should not be mistaken for consent,
and no one has to interpret it as consent.
This is quite surprising!
This is the first time I'm seeing such a rape victim!
Remaining unfazed during a rape, caressing the face of the rapist,
and subsequently speaking about these actions in court without shame.
Your Honour,
we need to re-examine whether a rape has indeed happened here.
The intention of this girl and her family has also become clear now.
I don't think a girl who has truly experienced rape
would be able to behave in this manner.
How else should she behave?
Should she bottle up her feelings fearing humiliation,
console herself that it's all fate,
and remain silent? Is that what you mean?
Times have changed, sir!
Girls of the new generation aren't like that.
They will announce it, loud and clear,
Who! What! And How!
If you cannot accept it,
it's because of your age and your narrow-mindedness.
Better you try to change, Mr. Senior!
No further questions, Your Honour.
So, Mohammed is their target.
The media has enough fodder to hold debates now.
We already lack media support.
Shall we start a campaign on social media, supporting the survivor?
If we create a hype, won't it be beneficial for us, sir?
It's not the media...
that makes decisions in the court.
But... it will make some impact.
Right?
I know a few social activists.
We'll make them write posts on social media.
Ask your friends also to help us, Ashwathy.
Yes.
- Dad! - Yes?
Are you tensed?
Not exactly.
Rather, alert.
He has been out of legal practice for several years now.
A known opponent is much more dangerous than an unknown opponent.
He knows my methods and strategies very well.
We gotta do what we gotta do.
Don't worry, Dad! You'll be great!
- Good morning, sir! - Morning!
- Do you remember everything I told you yesterday? - Yes, sir.
- Do you remember the date? - Yes.
Hey! Did you meet Michael after the police arrested him?
Yes, I did.
Mention it only if the defence lawyer asks you.
On the day of the incident, by the time you returned from church,
- Michael had left from your house, right? - Yes.
After that, did you get in touch with him over the phone?
Err... I...
After I got back from the church,
I tried contacting his phone.
But I couldn't reach him.
Do you go to church every Sunday?
Yes.
Do you guys hang out at your friends' place,
during the St. Ignatius Church festival?
Yes. On the day of the festival,
our families and friends gather to celebrate together.
When you went for the church festival this time,
didn't you take Michael along?
No. Michael had left early in the morning itself.
He had to go somewhere urgently.
That's it.
There's an ambiguity in the date. I need to clarify that.
I need a re.
There is no ambiguity so far.
The witness has clearly stated that...
on the day of the St. Ignatius church festival,
Michael left Vinod's house in the morning.
He said the truth.
He maybe a planted witness.
You can clarify it.
Re.
Did Michael leave on Tuesday or Wednesday?
Well, I'm unable to say that now.
I don't remember correctly.
That's all, Your Honour.
You may step down.
Chechi, why did you say that Vinod betrayed us?
He mentioned a different date, right?
As per the Prosecution story,
Michael reached Vinod's house on the 26th,
and this incident happened during the day, on 27th.
But as per what Vinod said now,
Michael returned on the day of the church festival.
That is, on the 26th.
When 27th becomes 26th,
there will be a conflict in the Prosecution story.
That will be a point for the defence, right?
Chechi, social media is raging up, by the way.
I noticed.
That's not enough. We need to flare it up!
- My friends are all actively involved. - Very good.
Thumba rape case.
A blind girl has been assaulted.
A significant amount of time has passed.
We are discussing this topic now.
The Prosecution changed sides...
and took a stand favourable to the culprit. That's why...
the accused got bail from the court after fourteen days,
and came out of jail.
Even before the court declares the judgement,
you are creating a preconceived notion
that the male is indeed the perpetrator, most of the time.
It's natural that when such cases occur,
the survivors have to endure a great deal of suffering.
Even their names are taken away from these girls.
Nobody mentions their names. They are all Nirbhayas,
or Kadamakudis,
or the girl from Chandranelli.
I'm leaving.
What is this, dude?
I didn't tell my parents that I'm coming here.
I'll call and tell them that you'll be late.
No, no.
If they know that I am with you...
Oh!
So, I'm a bad guy!
If you hang out with me, even you will become bad, right?
Michael, it's not like that.
- Since the case is going on... - I understand!
Get going.
Ah! It's her!
My fiancee!
Hi, dear.
[in Hindi] Where are you?
[in Hindi] I am at home.
Aren't you on social media these days?
I had sent you some links.
- You wouldn't have seen them. - What happened?
You've become so famous, right?
Now, my parents are rethinking of this marriage.
Even a blind girl is assaulted.
Why aren't the law and the court reacting? That's my question!
How is this guy able to do this?
Is he even human?
- What is it? - Such guys should not be spared.
They should be beaten to death.
What's the point of reactions, bro?
There should be action. He should be hanged. That's all!
He's going to marry the Central Minister's daughter. Will anyone punish him?
Even such guys are getting married!
How long will we live in fear?
They deserve capital punishment.
Rapists should be castrated. That's all.
He should be shot dead.
Even I saw some news on social media.
It's growing day by day.
We'll have to do something about this.
There was nothing when the case started.
And if it has started flaring up now, they are behind this!
It's a clear case of...
character assassination.
13 years back, I had mentioned once...
that this curry is good.
She's been serving the same curry ever since.
Who are you?
What are you doing?
Mom!
- Dad! - Let go of me!
Dad!
Mom!
What did you think?
Did you think I would stay behind bars if you filed a case?
Instead of accepting the money and reaching a settlement,
you're trying to mess with me?
Both social media and the court...
can't do squat to me!
So, you better withdraw the case.
Or else,
just like I showed up that day,
I'll show up again.
Understood?
Do you now realize...
what all I can do?
I've fixed a price for your daughter's honour.
You better accept that money and end all this drama.
Or else,
I will torch you alive!
All three of you!
My child!
My dear...
Don't worry.
How idiotic and disappointing!
I thought you were sensible.
We're trying to get you out of the case somehow,
and you're creating new complications?
I thought they might withdraw the case, if I scare them.
As if they've withdrawn now!
Now they are going to cancel your bail.
No one has seen that incident.
I was very careful about it.
So what?
- They can't prove it in the court. - Do you get to decide that?
Shut up!
After acting so recklessly, you're bragging about it now?
I know how to conduct this case.
I don't need your help to do it.
- Yeah, Dad! - Dear...
Can you appear for this case on June 5th?
I'm scheduled for a hearing on Arun Malhotra's case that day.
It's the Chief Justice's bench. That's why.
I have a posting on that day...
- but it's okay. I will manage. - Okay!
Where's your father?
He has an important hearing in the Supreme Court.
Okay! You may continue.
Thank you, Your Honour!
Your Honour, this is preposterous.
Realizing that they're not going to win the case,
they've fabricated a false case to have the bail revoked.
When there is an accusation,
what the court needs is evidence.
And if, as per the Prosecution's assertion, such an incident really took place,
they are free to lodge a new FIR for investigation.
It has absolutely no connection with the bail petition in this case.
Mr. Prosecutor!
This is a matter to be investigated.
Your Honour! It's a fact that they came and threatened them,
covertly in the dark, like cowards.
As long as this accused is freely roaming outside,
the victim and her family are not safe.
That's the reason why we had to file such a petition.
- Just because there is no evidence-- - Mr. Vijayamohan!
I can understand your concern.
So, now you want to ensure...
the safety of the victim and her family, right?
We can enrol them into Victim Protection Scheme,
and provide Police protection for them.
That solves the issue, right?
As a Public Prosecutor,
I can get the State to give them police protection.
But that's not why I moved this petition--
Call next witness!
Where do you work?
At Trivandrum General Hospital.
As part of this case,
you have examined the victim, right?
Yes, sir.
This certificate has your seal and signature.
Yes!
Exhibit P3.
Cross!
During a non-consensual, forceful act,
injury is quite natural, right?
Yes!
Also, when the intercourse is performed forcefully without consent,
there will be injuries, right?
Yes.
There are no such injuries mentioned,
in this certificate.
That's right.
To prove that a complete sexual intercourse had indeed occurred,
the only prevailing scientific method ...
is the presence of semen.
Even that does not exist in this case.
- That's right. - That's all, Your Honour!
Thank you, Doctor!
What is the date on which the accused went to CW3 victim's house,
as inferred from your investigation?
26.12.2022, Monday.
How did you identify the accused?
We identified the accused from the sculpture of the accused,
created by the petitioner of this case.
Did you take the original sculpture into custody,
recording it as M.O.?
As the sculpture is a breakable object,
we photographed it from various angles,
documented them and the memory cards in the Mahazar,
obtained sanction from the court and safely stored them at the station.
After that, I had to hand over the investigation.
Cross!
When were you relieved from your role in this investigation?
On 20th February.
If I say that your investigation was heading in the wrong direction,
and that's why you were dropped from this case...
- Isn't that right? - No!
You stated during the examination-in-chief that the sculpture was photographed.
Can you adduce those photos in court?
It's not present in the CD any more.
Since those photos didn't have any resemblance to the accused,
you removed them deliberately.
I did not remove them.
When I handed over the investigation,
those photos and the memory card were still present at the station.
I don't know where it vanished after that.
Has the CD leaked, PP?
Regarding the aforementioned sculpture,
who informed you first?
The girl's father, Mohammed.
And the first person who showed this sculpture to you,
was also Mohammed, right?
Yes!
You were aware that Mohammed is a skilled sculpture artist, right?
Yes, I was aware.
The one who told you that the sculpture resembled the accused,
was Mohammed, right?
Yes!
And it was Mohammed who first told you that it was the girl who made the sculpture.
The girl had also confirmed it.
Who was the first to say that? That's what I asked you.
It was Mohammed.
The sculpture was not made...
in your presence, right?
Err... No!
And hence,
you cannot confirm that...
it was not Mohammed who made that sculpture.
Didn't you understand the question?
No! I cannot!
That's it!
In this case,
on 20.02.2023,
the investigation was handed over to me.
I obtained the chemical examination report and submitted it in court.
I acquired the tower locations of the accused's phone,
and submitted it in court.
After that, I prepared the charge-sheet against the accused,
and submitted it before the court.
The photos supposedly clicked by the police photographer on 28.12.2022...
Have you seen them?
When the case was handed over to me, there were no photos.
From his call details,
didn't you infer that that the accused was not present at the crime spot?
It's the responsibility of the Nodal Officer to provide that testimony.
The Prosecution hasn't examined the Nodal Officer in court.
Are you not aware of it?
It's the Prosecutor who decides whom he wants to examine;
not the investigating officer.
At the time when the incident allegedly happened,
the accused was travelling to attend a party organised by his friends,
from Thiruvananthapuram to Kanthalloor.
Are you not aware of that information?
No!
That's it!
Prosecutor!
Are you marking the call records?
- No! - He won't mark them.
The case will lose credibility then.
Evidence of prosecution is closed for questioning the accused,
under Section 313,
of CrPC.
Posted on,
23.06.23
PW1, the servant said that...
as per information gathered from PW3 on the day of the incident,
the girl told her that she was threatened and raped without her consent.
It is alleged so.
I don't know.
It is also alleged that the sculpture of the accused
made by the complainant of this case,
is what made the police identify you as the accused.
That's not right!
Additionally, it is alleged that PW5 identified you as the accused
and documented the FIR as Exhibit P1.
I don't know!
It is alleged that PW6 concluded his investigation,
and presented the charge-sheet of the same.
I don't know!
Do you want to say anything further?
I am absolutely innocent in this case.
On the day the incident supposedly happened,
I left Vinod's house early in the morning itself,
to attend a party arranged by my friends at Kanthalloor.
After that, while I was waiting at the airport,
to travel to Amsterdam, I was arrested.
I am innocent.
Do you have evidence and witnesses to prove it?
Yes! I shall produce them.
Filing 233 statement along with witness schedule.
To corroborate that,
I shall produce all...
available materials.
Can I post it on...
08.07.2023?
- Yes, Your Honour! - Will Mr. Rajashekhar be present then?
He'll be there, Your Honour!
He will be back this evening.
Ahaana!
Verify the tower locations of the route...
through which Michael claims to have travelled.
If we find a tower location which is not in Muvattupuzha,
it will benefit us.
The towers are accurate.
Michael's number was latched on to all of them, right?
Yes! I verified it.
Ahaana!
Call Paul Varghese...
and ask him to procure an information from the cyber department.
The first defence witness is one of Michael's friends.
He claims that they had food together from Empire Hotel in Muvattupuzha,
on the day of the incident.
The name of the friend whom they apparently met over there...
is Mr. Naveen.
I need all the details about that guy.
Ahaana!
The resort in Kanthalloor...
where the accused Michael and friends claim to have had a get-together?
- You must go there and inquire. - Okay.
I can't find the CCTV footage of the hotel anywhere here.
Sir!
The Empire Hotel is a three-star-hotel.
How can such a hotel not have CCTV cameras?
Well, the hard disc got corrupted.
Didn't you try to retrieve the data?
We did try upon the hotel's instructions,
but we were unable to retrieve it.
Do you have the hard disc with you?
Yes!
- What's your name? - Naveen.
What do you do, Naveen?
I run a workshop for second-hand cars.
- Where? - In Muvattupuzha.
Do you know that young man?
Yes, I know him. It's Michael.
He's my friend.
We studied together in Mumbai.
When was the last time you saw Michael?
December 27th, 2022.
At what time?
Around noon, at 12:00 p.m..
Where was this?
At Muvattupuzha.
We accidentally bumped into each other in the town.
After that, we had lunch from Empire hotel before we parted ways.
Where did Michael mention he was going?
Michael said that his friends had planned a get-together.
So, he left saying that he needs to attend it.
That's all, Your Honour!
Cross!
I have no questions for the time being.
I reserve my right...
to recall this witness later.
PP! What is your intention?
Your Honour, the CCTV footage from that hotel has not reached the court,
and I find that really abnormal.
You are right.
That's quite unfortunate.
By the time we approached them for the footage,
their hard disc had been corrupted.
We tried our level best to retrieve,
but we were unable to.
I humbly request this Honourable Court,
to direct the Police,
to recover the hard disc.
Your Honour!
We did try our level best to retrieve it.
It's a waste of time.
They can examine the remaining witnesses in the defence list.
I think, that will be enough.
Prosecution is directed to produce the CCTV footage.
May not be, Your Honour!
Then it will be an unending process.
Though CCTV footage is absent, we have witnesses, right?
That's sufficient to prove the alibi.
I am posting it on...
19.07.2023.
Prosecutor, you must submit the footage on that day.
- Mom! - Dear!
What happened? Did you get scared?
I came in here to keep your clothes.
Don't be scared, okay?
Are you the one who produced the hard disc?
Yes!
Upon whose instruction did you do it?
As instructed by the Police.
Is this the hard disc you handed over to the Police?
Yes!
May be marked as MO 1.
Have you retrieved the footage from it?
Yes, we've retrieved it. We got it only now.
May be marked as...
Exhibit P7.
When we requested for the visuals from this hard disc,
what did you tell us?
That the file was corrupted.
Though we tried to retrieve those visuals,
we were unable to do it.
That's all, Your Honour!
There are many folders in this.
How do we find the visuals that we need to see, from this?
They are saved as clips up to four hours.
So,
in a day, there will be six clips.
Please come here.
I need to see the clips from the 27th.
From which camera, sir?
PP!
Which camera should we check?
The camera at the reception desk,
and clips from 12:00 p.m. onwards.
Show the clips from the restaurant from the specified time.
Your Honour!
As the CCTV footage suffers from no infirmity,
it's a vital piece of evidence,
and stands superior to human testimony.
It's now clear that the testimony of PW 4 Vinod,
substantiates these visuals.
- Sir! - Don't talk to me!
This is all because of you!
I need to talk to you.
I don't have anything to talk.
You need not talk.
But I can say what I want to say, right?
Why are you getting mad at me?
Having set-backs in cases is nothing new, right?
It was not by chance, right?
You made it happen!
What wrong did I do?
- I need to know that. - They are lying.
- Isn't that what you told me? - Yes!
- I presumed so! - Not presumptions, but we need surety.
You shouldn't have let me done something that you were not sure about.
This is Rajashekhar's game.
Because of you, I got caught up in this.
Because of me?
Who worked with him for a long time?
Was that me?
- You couldn't see it coming! - Yes!
I lack that ability,
which is why I declined this case.
Who compelled me to take up this case?
Err... Okay!
Okay, I am sorry.
I should have been more careful.
I admit it.
I said, I am sorry!
What can we do now?
I've filed an application to examine those CCTV visuals.
Let the results come.
I want the original footage and original story.
What original footage?
What story?
- You, bloody-- - Sir!
For giving a false testimony and tampering with material evidence,
I am going to arrest you.
You will be imprisoned for seven years in accordance with Section 193.
- This is enough to shut this place down! - Sir!
They forced me to do it, sir.
- Please help me! - How do we help you?
You should have thought about it before doing all this for money.
- Come, let's go. - Sir...
- Sir, Please hear me out. - What do you want to say?
Sir, I swear!
I didn't do it for money.
They had offered me money.
When I said I can't do it,
- they threatened me into doing it. - You fool!
Now it's just you, who is going to be imprisoned.
Is there any evidence against them? No!
But there's evidence for what you have done.
Sir, if I adduce evidence against them,
will you rescue me?
Honestly I had no interest in this, sir.
- Stop acting smart and come with me. - Sir, Sir!
What evidence?
Earlier, when I had done something similar to help my friend,
in the end he escaped and I got trapped.
Anticipating the same in this case,
I had done something to save myself.
Mr. Vijayamohan,
what is the purpose of recalling that witness?
Some more visuals that need to be added
to the already submitted visuals, have been procured now.
As far as this case is concerned,
these visuals are very important.
So, kindly allow the 311 petition.
I have strong objection to allow that petition.
Your Honour,
prosecution has asserted in this 311 petition that,
in connection with the newly obtained materials,
they need to ask a few questions,
which is certainly a vague assertion.
If the Honourable Court entertains this,
there will be no end to the trial of this case.
Because, in every stage of the case,
the prosecution or the defendant
can cite such silly reasons,
and continue to call more witnesses to the court.
Finding the truth,
is the primary objective of the court.
To do that, if it is essential to recall witnesses,
the court must do that.
Evidences that are powerful enough to change the course of this case,
are awaiting the Honourable Court's permission.
Petition allowed.
I was under threat.
Has that threat disappeared now?
Sir, I created the new visuals out of fear.
Play the visual.
Your Honour, Exhibit D4.
The CCTV footage that was adduced as evidence by the defendants.
This is a manipulated video footage.
I will explain.
Your Honour, in the original footage of the day when the incident happened,
they mark two points post 12:00 p.m., when the restaurant is empty.
After deleting the portion in between those two points,
visuals shot in the same camera for the same duration,
were edited and inserted after changing the date and timeline.
Your Honour,
on the mirror at this side,
where the hallway leads to the kitchen from the restaurant,
a vessel is placed on a table.
Is it visible to you?
Yes.
Now, I shall play this.
That vessel...
has vanished now.
This is the first editing point.
Now, once Michael and his friend have left the place,
let's examine the portion where the restaurant becomes empty again.
Your Honour,
please look carefully at the table where the vessel was kept.
The vessel has magically reappeared at the same spot.
This is the second editing point.
Your Honour, though they perfectly shot visuals...
at the restaurant and the reception,
and inserted them into the footage,
the reflection on this mirror...
betrayed them.
Your Honour,
he has to be punished with maximum sentence for deceiving the court.
- I did it upon your instruction, sir. - Are you lying again?
I'll make sure you'll be put behind the bars.
We'll soon decide who will end up going to jail, Advocate.
In the same pen drive,
there's another visual as well.
The Honourable Court must watch it.
Forward it a bit.
- This time duration... - Yeah.
You must place the visuals shot by me, in this gap.
I shall do it, Sir.
And then, you must give it to me as a single footage.
Okay, sir.
This is the visual of those footages being edited...
by the defence lawyer standing beside me,
under his instruction and supervision, at his office.
The witness, who was aware...
of the consequences of creating false evidence,
was threatened by them into committing this act.
Under a notion that it could prove harmful for him in the future,
he had shot this particular visual as a precaution.
This is absurd.
The witness is not trustworthy.
Earlier, he had deceived the court by producing manipulated visuals.
Now, he is here with another visual.
Manipulating the court,
by burying the truth,
is not the job of a defence lawyer.
If misleading the court becomes your habit,
the court will realize it sooner or later.
And its consequences will be borne by your clients and not you!
You may lose your brief,
but never lose your conscience.
Your Honour, if you peruse the records of the previous cases...
conducted by this defence lawyer,
you can observe episodes of similar manipulations.
Hence, I pray this Honourable Court,
to take appropriate action,
against the defence lawyer.
I will recommend the bar council to enquire into,
and initiate proceedings against the defence lawyer.
Aggrieved party can approach the Police for necessary action.
Mr. Circle Inspector,
you need not wait for an order to issue an FIR and begin investigation.
You can initiate the proceedings.
You may step down.
- Sir.. - Yeah.
I am so happy today.
I had seen a similar sight, many years ago.
But it was you, in place of Rajashekhar back then.
Now, I believe in Karma.
Sir! Sir!
Take a look!
This comment.
We need to trace this person.
As per his Facebook ID, he is a Malayali based in Mumbai.
I will go, in person.
That's better.
Breaking news!
Against the defence lawyer of Thumba rape case, Advocate Rajashekhar,
the police has registered an FIR,
by imposing Sections 191, 193,
340 and 468 of the IPC.
The police are proceeding with further actions, including interrogation.
A girl who was subjected to grave cruelty,
approaches the Court to seek justice.
But what happens there; with the backing of money and power
false evidences are being adduced,
and proceedings carried out,
for the accused to escape.
When that's happening, how will justice be served?
When such criminal lawyers,
repeatedly conduct criminal cases,
their character and their behaviour,
transitions into a crime... like that of a criminal.
Mr. Rajashekhar is a perfect example for the same.
Therefore, it is unfair for him to continue with this case.
[The fame that he achieved being an enigmatic lawyer in the society...]
His arrogance was over the roof!
He deserves it.
He has tortured so many people.
He will walk scot-free from all of this.
What can the Bar Council do?
- That's right. - Ultimately, nothing will happen.
Haven't we seen this so many times?
How come he took up the plea of alibi as defence, despite being a senior lawyer?
Desperation!
On one side, there's a high profile client.
He has to rescue the client's son, come what may.
On the other side, it's Vijayamohan.
Rather than losing to him, it's better to hang himself.
Whatever it is, everything is flaring up quite a bit.
That's true.
I met the person and spoke to him.
It's a vague information.
I am on my way to Bandra Police Station to gather more details.
What's the update there?
Thumba Rape case reaches a crucial turning point.
Though names of leading lawyers of the Supreme Court were distinctly heard of,
instead of Advocate Rajashekhar, who was subject to the scandal,
his daughter, a leading lawyer and activist in the country,
Advocate Poornima Rajashekhar, has taken up the case,
and that's the latest news that has emerged now.
He has come again even after being ousted.
But he hasn't been punished yet, right?
He is still a lawyer in court.
But shouldn't he have some shame?
Seems like he's on an ego-trip.
He must be planning to do back-seat driving using his daughter as a front.
Your Honour,
fabricating CCTV footage before the court,
is fatal, as far as this case is concerned.
Plea of Alibi.
The plea of the defence that the accused was not present
in the place of crime at the time of its occurrence, is baseless now.
This is a matter to be investigated into and decided by the court.
Only the defence counsel has changed;
not the defence.
The CCTV footage of the accused, Michael...
arriving at PW 4 Vinod's house, on the day before the incident,
and leaving from there at dawn in the same car;
and the tower locations of Michael's phone...
All these are valid evidences.
And to substantiate,
we have a key witness, Your Honour!
What is your name?
Shijumon!
You are Airtel's Nodal Officer, right?
Yes!
Could you tell us what this is?
These are the company records of the timings and the locations
of the Airtel towers that the number 906132581 was latched on to,
on the 27th.
From this, we can assume that the owner of the number 9061312581,
left at 6:00 a.m. on Tuesday, 27.12.2022,
from Thiruvananthapuram,
and reached Kanthalloor by evening 3:30 p.m.
- Yes! - May be recorded as question.
No! It's my suggestion.
This witness...
can assert only the location of the tower.
But how can he confirm...
that the owner of the phone had travelled on that particular day?
Objection sustained!
- On your left! Left! - Where?
Come over!
Get down!
These are the CCTV footages of various locations,
on the alleged day of 27th December.
We can substantiate one fact from this.
At the time when the incident supposedly occurred,
Michael had been travelling in his car.
Your Honour! Filing a 311 petition,
to examine an additional witness,
to unveil a valid information.
This is a new evidence.
Can't be permitted.
During the defence's examination of evidence,
adducing evidence to destroy the defence is not permitted.
Further evidence can be let in, only after further investigation.
Section 311, CrPC.
To deliver a flawless verdict in a case,
the Honourable Court...
can examine any witness, at any stage, during the case.
It is the Court's decision.
Not yours, Madam!
But this will cause prejudice to the accused, Your Honour!
Anyway, let the witness come.
We will decide after that.
Is the witness available now?
Yes, Your Honour! He is here.
What is Vijayamohan aiming at?
He told the entire truth to me.
But I don't think he will say it here.
What is your name?
Robin.
Robin!
Do you know the accused in this case, the one who's standing at the dock?
Yes, I know him.
How are you connected to him?
I am a driver at CJ group of companies.
He is their man, right?
Prosecutor, what is your intention behind examining him?
Seeking permission under Section 154 of the Evidence Act.
To put leading questions to the witness,
since he is the driver of the accused.
Okay!
Permission granted!
Thank you, Your Honour!
Are you a permanent driver at CJ group?
Yes!
How many offices does CJ group have? And at which office do you work?
They have offices in Ernakulam and Thiruvananthapuram.
I am the driver at Thiruvananthapuram.
On Tuesday, the 27th of December,
can you tell me where you were?
I was at my house.
Are you sure about it?
Yeah, sure! I was at home.
I was on leave for Christmas.
See! I told you, right?
Does this BSNL number belong to you?
Err... Yes!
This is Michael's phone number, right?
Yes!
Mobile phones belonging to both Michael and you...
On Tuesday, December 27th,
between morning 6 a.m and evening 3.30 p.m,
they were at the same locations, during the same timings,
and were found to be latched on to their respective operators' towers.
Could you explain how this happened?
I... I don't know!
On the day of the incident, that is, on 27.12.22,
you were driving a car with the registration KL-07 AZ 7,
and this is a photograph of the same.
We weren't given copies of the photo.
We shall serve you the copies; first let the witness confirm it.
This is examination-in-chief and not cross examination.
If it's a prosecution document, they must serve the copy.
Yes! I agree with her.
Serve them the copy!
But I need to serve it only if I'm marking it, right?
May I continue?
He is bluffing.
It can't be that photo.
If I say that there's evidence to prove that you were driving Michael's car
on the day of the incident, can you deny it?
Huh?
Don't look there.
Look at the Judge and answer the question.
I can deny it.
I never drove that car on that day.
Any further questions?
Mr.Robin, on the day of the incident, at around 6.00 a.m.,
you went to Kanthalloor driving Michael's car, as per his instruction.
Michael was not present in the car at that point of time.
No... It's not like that.
What do you mean? Michael wasn't present?
He is confusing the witness.
He is not confused!
Answer it!
I didn't understand the question.
While you were driving the accused's car on the day of the incident,
the accused was not with you, right?
I didn't go anywhere.
I didn't go!
Who all are there in your family?
My wife, three children and my mother.
You are working in a reputed company called CJ group.
So, you must be earning a good salary, right?
I do have a good salary.
You are paid well because the work is quite demanding, right?
Yes!
Amidst your busy work schedule,
do you get time to call your family,
and to attend to household chores?
Not very often.
But when I do, I call them.
When your family members call you,
do you always answer their calls?
Not always.
I answer when I can or call them back later.
Due to your busy work schedule, you often forget to call them back, right?
Yes.
So, you are a very forgetful person.
Err...
Yes!
Okay!
It's common for such forgetful people, to often misplace their stuff, right?
Yes, that could happen.
Okay!
You often forget to take your phone, right?
May be recorded as question and answer.
Answer me!
It's usual for you to forget your phone,
very often, right?
Yes!
Yes! I forgot my phone in the car on that day!
That's all, Your Honour!
Your Honour, I would like to...
reserve the right to recall this witness.
- For what? - Awaiting some records.
I can examine him further only after verifying it.
I need a week's time.
Objection, Your Honour!
I am posting it for tomorrow along with the other witnesses
May not be, Your Honour! I need more time.
No! No! Posted for tomorrow!
If you want to ask anything more, you may ask tomorrow.
Next!
Didn't I tell you?
He is not dependable.
I knew it!
He is their driver, after all.
I had other plans,
but the defence lawyer manoeuvred it in a different way.
We must prove that this driver drove that car.
That's the reason why I asked for more time.
But the Judge didn't permit it.
Well!
I shall enquire once again in my personal capacity.
I need to check those visuals once more.
Dad!
From the locations where we got our CCTV visuals,
could they acquire additional visuals from other angles?
No chance!
We have already checked all the possibilities.
Even if those visuals are available,
it's been almost seven months since the incident, right?
Ahaana! I want you to check something.
Yes!
I shall go in the morning itself.
Alright!
- Ahaana hasn't come? - No.
He is in Dubai.
I can't do anything without asking him.
Can you give me your son's number, Aunty?
I'll call him and ask. It's an emergency.
- What's your name? - James.
James!
How do you know Michael?
We are friends.
We are friends!
On the 27th,
at a resort called Misty Hills,
a few of you friends gathered together.
- Isn't that right? - Yes.
Can you tell me the names of the people who were present for that get-together?
Apart from me, Nishanth,
Jayachandran,
Jayachandran's wife Nikhila,
and... Michael.
Mr. Prosecutor,
cross?
No questions for the time being.
I would like to reserve my right to recall this witness.
Objection!
Witnesses cannot be recalled on the same day, as it...
I believe it's important...
to ensure the accuracy of their testimonies.
Yes, yes. You may call your next witness.
Nishanth,
at what time did you reach the resort?
Check-in was around 2:00 p.m.
After that, around 2:30 p.m., James and I reached there.
10 minutes later, Jayachandran and Nikhila arrived.
That's all.
Cross?
Reserve my right to recall.
How long has it been since you got married, Jayachandran?
It's been nine months.
When you arrived at the resort, was Michael present there?
No.
When did Michael come?
One hour after we reached there.
That means, at 3:30 p.m.
- Right? - Yes.
That's all.
Cross?
No cross. Reserve my right to recall.
What is your father's name, Nikhila?
MK Ramachandran.
What does he do?
He's the Director General of Police.
Oh! So, you're the daughter of the Police Chief of the State, huh?
Yes.
Nikhila, you had also gone for Jayachandran's friend's party on the 27th.
Right?
Yes.
Are you acquainted with the accused Michael?
He is my husband's friend.
But I met him for the first time over there.
On the day of the incident,
at what time did Michael reach the resort?
At 3:30 p.m.
When did the party get over?
Must be around 2:00 a.m. in the night.
When did you guys disperse?
Next day morning, at 11:30 a.m.
No further questions, Your Honour.
No cross, right?
- Yes. But I reserve my right-- - Yeah, yeah!
I'm writing that too.
What do you do?
I run a resort named Misty Hills.
The person standing in that dock...
Have you seen him earlier?
- Yes. - How?
On TV and the newspapers.
Not that. Have you seen him in person?
I've seen him. Him and his friends had stayed at my resort for one day.
When was that?
27.12.2022.
They checked out the next day.
That's all, Your Honour.
Prosecutor, do you want to ask anything, or again...?
Do you know what's the punishment for giving a false testimony?
I know.
As per Section 193 IPC,
seven years in prison.
I'm also a lawyer.
Just that I'm not practising.
In your resort,
do you have CCTV cameras?
No.
How come you haven't installed any?
I felt they were unnecessary.
Oh!
Must be because you're well-versed in law.
Now, I would like to recall Michael's friends.
Your Honour,
the three other witnesses should be shifted outside the courtroom.
Objection, Your Honour.
It is essential that all witnesses should be present to ensure transparency.
Your Honour, my intention is to prevent any possibility of collusion.
The testimonies should not influence each other.
I understood your concerns.
The three of you, please step out.
As per your statement,
on the 27th, at 3:30 p.m. in the afternoon,
Michael arrived at the resort driving his own car.
Yes.
How can you state the time
and the fact that he came there driving his own car, so precisely?
- Did you see him coming? - Yes.
We checked in around 2:30 p.m.
At 3:30 p.m., we stepped out to check out the resort premises.
That's when we saw Michael arriving in his car.
In which car did Michael come?
- Huh? - What make?
- Honda Civic. - Colour?
- Blue. - What dress was Michael wearing?
What dress was Michael wearing?
Objection!
Will anyone remember what dress a person was wearing eight months ago?
- I don't remember. - You remember everything else.
And if you say you don't remember this alone,
- I find it difficult to believe. - I swear, I don't remember it.
No. Michael never came there on that day.
And you never saw Michael. Right?
Err...
- The make of the car? - Honda Civic.
- Colour? - Blue.
What dress was Michael wearing on that day?
Your friend James told us that the attire was jeans and a T-shirt.
Don't look there. Look at the Judge and say it.
He was wearing a pair of jeans and a T-shirt.
What colour?
- Colour...? - What pattern?
Full sleeve?
Half-sleeve? Round neck?
Or with collar?
This is to discredit the witness.
Forget colour. He's asking for the pattern also now.
So, you forgot to teach them the colour and pattern, right?
Michael never went there on that day,
and they're giving false testimonies before the court.
I suggest so.
No. He came there.
What dress was he wearing that day?
Err... Pants and shirt.
Your friend said that the attire was Jeans and a T-shirt.
Hello! Don't look there. Look here and say it.
I don't remember.
You remember everything else correctly.
How did you forget this alone?
Don't you remember at least the colour?
Pattern?
Full sleeve?
Half sleeve?
No answer. May be recorded.
You may step down.
Which car did Michael come in?
I mean, what make?
You don't know?
It's alright. We'll consider that you didn't notice it.
But you won't forget the colour, right?
- That... - You don't know that either?
What dress was Michael wearing on that day?
What colour?
What pattern? T-shirt?
Shirt? Full sleeve? Half sleeve?
In reality, you never saw Michael over there.
You haven't seen him!
Because Michael never came there.
Your husband and his friends,
didn't have answers for my questions.
The court has understood the truth.
At least now, please open up, sincerely.
You're the daughter of the highest ranking police official of this State.
Objection, Your Honour.
He's harassing my witness.
Prosecutor!
Yes, Your Honour.
I can understand the others saying so.
They are Michael's friends.
But you are not like that.
You are a woman.
You're standing against a blind girl, who was subjected to a heinous rape.
This may happen to you also tomorrow.
To your sister,
or your friend or anyone else.
You must show the courage to speak out the truth, at least now.
I don't know anything, sir.
I don't have anything to say.
You have said it without saying anything.
You may step down.
I'm sorry.
Sir, Ahaana Chechi.
Without interruption...
You are interrupting!
Pardon me! Filing a petition to accept an electronic evidence...
with 65B Certificate.
Copy not served.
I shall.
Mr. Vijayamohan,
I will not entertain this kind of practice in my Court.
The aim of every court is to discover the truth.
Section 311 CrPC is one of many such provisions...
which strengthen the arms of a court,
in its efforts to unearth the truth,
by procedure sanctioned by law.
At the same time,
the discretionary power vested under Section 311 CrPC
has to be exercised judicially,
for strong and valid reasons,
and with caution and circumspection to have a just decision of the case.
What is this new evidence?
What is the relevance?
PW7, Driver Robin.
I've submitted an electronic evidence to the court,
to prove the contradictory statements made by him before the court.
It cannot be accepted, Your Honour.
The source of this electronic evidence, its custodian...
None of these have appeared before the court.
It cannot be accepted as legal evidence.
Mrs. Counsel, don't you trust your driver's testimony?
This is not a matter of trust.
In the court--
I haven't decided whether this has to be marked or not. Got it?
What is this? Can you explain?
This is video clip no. 3 of Exhibit D4,
adduced as evidence by the defence.
From its examination,
it was observed that the accused's car passed through Nalanchira Junction.
And these are the visuals recorded on the dash-cam of this car
that came from the opposite direction, at that junction.
From this visual, it is clear that on the day of the incident,
the accused was not driving the car,
and it was his driver, Robin.
How can the court ensure the credibility of these visuals?
This incident happened eight months ago.
What's before the court now, is just a pen drive.
When we enquired about this car's details,
we realized that Vijayakumar, who works in Dubai,
had bought this car for his own private use, when he comes to Kerala.
Since it has been eight months after the incident,
we were afraid that these visuals may have been lost.
But since it's a car that has made only a limited number of trips,
we were able to get the visuals.
Are you able to produce the original device?
It's being produced, Your Honour.
Any further evidence from the defence side?
No, Your Honour.
So, I can close the defence evidence, right?
The Prosecution has obtained a few public documents.
Your Honour, this is a...
certified copy of Mumbai High Court's single-bench verdict, from April 2016.
This is an order upon the petition that was filed to quash an FIR and final report
registered as Bandra Police Station Crime No. 492/2016.
The offence was rape.
Though an FIR was written,
they were unable to arrest the accused.
When the court examined the charge-sheet,
no evidence was found.
Based on the victim's affidavit,
the court quashed the final report.
Your Honour, in the documents submitted before the Honourable Court,
the person mentioned as accused in the FIR,
is 21-year-old Michael Joseph,
son of Christopher Joseph.
It's the same accused who's standing in the accused dock before this court.
The accused in both cases are one and the same.
Dad, what is this?
Nobody told me about this.
It is evident that the accused had the history...
of committing the offence of same nature.
All are certified copies.
They are public documents.
I can mark them, right?
Yes, Your Honour.
No objection in the veracity of the documents.
However,
as long as the court hasn't found Michael to be guilty,
in any of the documents submitted by the Prosecution now,
we cannot say that the accused has antecedents.
Mrs. Counsel has raised a valid point.
There is no conviction.
Your Honour, I was pointing out the modus operandi of the accused.
Just because the accused was never punished in the cases he was charged in so far,
this argument shouldn't be discarded.
Yes. Defence evidence is closed.
Posted on...
Shall I fix it on 21/11?
Yes.
Posted on 21.11.2023 for final hearing.
The way you questioned his friends...
That was really awesome!
If they had recreated that day,
we would have been in deep trouble.
So, we will win this case. Right, sir?
To be frank, we cannot confirm it yet.
Their lies have all been exposed, right?
So, isn't it clear that it is him, sir?
Well, their main argument was that he drove his car...
and went somewhere else, on the day of the incident, right?
Sir, it's just that we've destroyed the possibilities for Michael...
to be easily acquitted in this case.
It is yet to be proved in the court beyond doubt that
it is indeed Michael who committed this crime.
This is such a strange system, sir!
Even after doing so much...
Sir, this is not like an ordinary rape case.
If we had an eye-witness as well,
that would have made our case stronger.
Unfortunately, Sara is blind.
Even though she sculpted his face,
it became of no use, sir.
So, we won't win this case.
Right, sir?
As a lawyer,
it's not right on my part to predict the success or failure of this case.
Anyway, during the final hearing,
I am going to make one last attempt.
I'll try casting a bait.
Depends on our luck whether they would take the bite or not.
Yes, Mr. Prosecutor!
What do you have to say?
Your Honour!
I don't wish to resort to the approach of a usual final hearing.
Instead, I'll present the story that unravelled before this court...
during this trial.
It's a story of courage,
resilience,
and justice.
A young man, comes to this city,
searching for his friend's house, to invite him for his wedding.
To inquire the route to that friend's place,
he enters the premises of a house.
There, he sees a blind girl.
He is drawn with desire to that beautiful girl.
Upon hearing the information that the girl will be alone at her house
on the next day,
he immediately decides to stay back at his friend's place on that day.
The same night,
he calls up his company driver,
and asks him to reach there by 6:00 a.m. next morning,
with another car.
Once his friend and his family left to the church in the morning,
he asks the driver to come inside.
After that, he hands over his phone and car to the driver,
and instructs him to go to a resort in Kanthalloor.
Until that girl's father, mother and their domestic help...
went out of the house,
he waited near their house.
After confirming that everyone else had left,
he enters through the backside of the house,
and climbs on to the terrace.
He enters the house through the terrace door that was lying open,
and then walks into that girl's room.
That young man, who had been hiding in that room,
assaults the girl who had just come out after finishing her bath,
threatens to kill her,
and rapes her.
If you make noise, I'll slit your throat.
That helpless girl who was unable to even decipher what was happening to her,
regains her composure and presence of mind,
uses her skill to comprehend anything and everything through touch,
and identifies that young man.
That blind girl shows that young man's face that was imprinted in her mind,
to the world, through a sculpture.
The young man is arrested by the police, using that evidence.
The young man in this story....
is the one standing in the dock of the Honourable Court,
Michael!
Up next are the evidences.
The chemical substance of the condom....
that was found from Michael's wallet;
The witness testimonies proving the presence of Michael at the spot,
on the day of the incident and the previous day;
And evidence to prove
that Michael was involved in similar crimes, earlier as well.
The girl who showcased the accused's face through a sculpture,
recognized the accused through his voice and by touch,
during the identification parade.
The undeniable truth is that...
the accused's efforts to escape the grasp of the law
by leveraging the benefit of doubt, have proven to be in vain.
So, it's a clear case of conviction,
proved beyond reasonable doubt.
If the accused is not punished,
it would be akin to insulting this blind girl who overcame her limitations...
by transforming her hands into her eyes;
the courage she showed to expose the accused to the world through a sculpture;
and her survival.
Hence, this Honourable Court may kindly give,
maximum punishment...
envisaged in the Indian Penal Code,
to this accused.
The story is really nice!
The visuals are even more outstanding.
If it's a movie, it will work wonders.
But, this is a court, right?
Here, it's the evidence that matters.
Your Honour!
Verdict of guilt must be based on the evidence...
that leaves no room for the reasonable doubt.
In this case,
plea of alibi may have been challenged.
Is it beyond doubt?
Then, as the Prosecutor said,
the case is not being conducted to just use the benefit of doubt,
but to declare him as innocent.
Your Honour,
there are absolutely no materials produced before this Honourable Court,
that connect this accused with the present crime.
There are no medical and scientific evidence against the accused.
The tower locations of the accused,
and the witness testimonies
are all proving that the accused was not present at the crime spot,
on the day of the incident,
at the time when the incident reportedly occurred.
And one eye-witness who can state that this incident actually occurred...
That is also absent here.
The victim is blind.
Let the Lord have mercy on the victim!
Your Honour, the court cannot convict a person,
based on assumptions and presumptions.
It should be based on concrete evidence,
and that evidence is also lacking here.
Just because a blind girl said that someone assaulted her,
an FIR was registered,
and the very next day, a random sculpture was produced,
to arrest this young man and have him on this dock now.
It's evident that PW 2 Mohammed, the victim's step-father,
is a skilled sculpture artist,
from his own testimony.
We must consider the possibilities that...
Mohammed could have created the sculpture on his own...
and presented it to the Police.
Furthermore,
there are no evidences adduced till date,
which can prove that this blind victim....
is a sculpture artist.
She is a skilled sculpture artist.
As my learned colleague pointed out,
if this victim claims to be a skilled dancer,
would you all believe it without any proof?
No! You can see it for yourself whether it's true or not.
Prosecutor, what do you mean?
The Honourable Court may kindly...
give a fair chance to demonstrate her skill.
It's simply an effort to waste the court's time.
Even if she makes a sculpture or not,
that cannot be adduced as evidence before this Court.
Why? What happened?
Mrs. Poornima, are you doubtful now,
that she could be a skilled sculpture artist?
That's not the case, Your Honour!
After the trial has been completed, and as the final hearing nears its end,
he has come up with a procedure called demonstration, which is unheard of.
From time to time, to substantiate the truth,
many of the decisions taken by the courts in this country,
have become part of history.
To grant justice to a helpless girl,
who has been a victim of a brutal rape;
what's wrong if this Honourable Court decides to create history?
Your Honour may lay down the law!
May be it is unprecedented.
But I feel it is essential.
But, before that, we need to know if the victim is ready for it.
Extraordinary moments are unfolding before the Court now.
As the final hearing was coming to a close after the completion of the trial,
the Prosecution has made an unexpected move.
Mr. Vijayamohan, how do you propose to demonstrate it?
We will select a person who is presently in this courtroom.
Then, that girl will touch that person's face to assess it,
and make a sculpture of that face.
A humble submission, Your Honour!
- Yes! - Please allow us to select that person.
I think it's fair.
Yes! You can choose.
This should be conducted in an atmosphere
similar to the one where the crime reportedly happened.
I mean, she should be alone.
Also, to touch and assess the person, a time frame should be fixed.
Like, five minutes?
Okay!
In the incident that stunned the State,
there emerged reports that the sculpture found by the investigating officers
was actually created by the victim.
This sculpture led the police to deduce that Michael is the main suspect.
But at this moment, as the trial is almost complete,
why has the court asked the girl to make a sculpture?
That's the question which has emerged now.
The court premises have become the stage...
for exceptionally dramatic moments, at present.
Can I?
Yeah!
Could you please stop moving?
Of course!
I shall do everything as you say, Sara.
After all,
it is to save my client, right?
I shall stay put.
Touch me!
Touch me wherever you want to!
Sara!
Just like your other sensory organs....
is this also really sharp?
I mean, your sense of touch?
Tell me, Sara!
Sir! Please let me do this now.
Please let me focus!
Well!
Fathered by some random man,
and addressing someone else as your father,
you've been leading a terrible life as a blind girl,
and some random guy raped you as well.
What's the point in having all these talents?
Can anyone change your fate?
It's a cursed life, isn't it?
Sara, do you remember that day?
Running your fingers through his face, just like this?
Try to recollect it.
How was it?
Did you enjoy?
Was it your first time?
No!
I don't think so.
It wasn't your first time, Sara!
Right?
This is quite strange and unbelievable!
When you were being raped,
you were so composed,
so as to run your fingers through his face,
and identifying him thereby.
This is not a rape.
This is... consensual!
You wished for it,
and it has happened with your consent.
Isn't it, Sara?
Please show some decency, sir.
Decency?
While seducing a random stranger,
and thereby orphaning his wife and children,
your mother never showed any decency. And you expect it from me now?
Whatever you've done so far is not at all surprising.
You were born to that promiscuous mother of yours, right?
Sorry! Time is up!
âª Did memories etch within like nails' sharp trails? âª
âª Have smiles been lost, like lamps quenched in gales? âª
âª In shedding the past, has your face lost its brightness? âª
âª For the truths uncovered in days gone, is time the only witness? âª
Arun, we are witnessing an extraordinary event.
A court in Kerala is continuing its proceedings into the night.
I suppose everyone in the huge crowd that you can see behind me,
are keenly and anxiously awaiting the verdict of this sensational case.
âª O' soul, hold on, don't lose your might âª
âª Stand your ground, don't sway from sight âª
Arun, even on social media platforms,
very strong reactions against the accused,
had arisen from the very beginning of the case.
The latest update is that the Court has instructed the victim
to create a sculpture of one of the people present in the trial room.
âª In summer's heat where doves search for shared shade âª
âª Have eyes lost their slumber in night's long parade? âª
âª Where broken glass has pierced the tips of your fingers so slight âª
âª The world will follow, hand in hand with you, making your burden light âª
âª O' soul, hold on, don't lose your might âª
âª Stand your ground, don't sway from sight âª
Mr. Rajashekhar!
Please come forward.
Turn around.
The accused is found guilty for the offence under Section 376,
452 and 506 of Indian Penal Code.
Mr. Prosecutor!
What do you have to say?
Your Honour! Rape of this nature,
is an atrocity on the human society,
and not against that given individual.
To deliver justice to helpless victims,
and to prevent the occurrence of more such victims,
it is imperative that the accused be sentenced to...
the maximum punishment permitted by the Indian Penal Code.
Hence, I pray for a life term, with heavy fine to this accused.
Yes, Madam.
What do you have say for defence?
Your Prosecutor is seeking a life term and heavy compensation!
Your Honour!
The accused has no antecedent,
and his age and education should be taken into account.
I kindly request this Court to please consider a more lenient sentence.
The Thumba rape case, which created a storm in the State...
In the case where a bling girl was raped,
the prime accused Michael, has been found guilty by the court.
We've learned that the punishment for the accused will be declared in the afternoon.
In the light of evidence,
and the nature of crime,
this court sentences Michael to life imprisonment,
and a fine of â¹2 Lakhs, under Section 376
of the Indian Penal Code,
and in default thereof, to undergo further imprisonment for two years.
Victim is entitled to compensation as per...
Section 357 A CrPC from the State's victim compensation scheme.
The bail bond of the accused is forfeited.
He is sent to the prison for undergoing sentence.
Mrs. Counsel...
Does the accused have a preferred jail...
for visits from his close relatives?
Bench clerk,
check that and issue the conviction warrant to that jail.
Sir! Sir! Sir!
- Congratulations. - Thank you.
Congratulations.
- Congrats. - Thank you, sir.
- Congratulations. - Thank you.
I'm happy you're back.
Thank you.
The court has found out that the culprit in the Thumba rape case is Michael indeed.
The accused has been sentenced to life imprisonment...
Sir! Sir! Sir!
Sir, just a minute!
Sir, as the investigating officer of the case, what do you have to say?
This is the victory of truth.
The victory of a collective.
Do you think justice has been served for the victim?
Definitely!
Sir! Sir! Sir!
What happened inside the court, sir?
- What happened, sir? - Please! Please! Please!
Sir, it's a sensational case. What did the court say?
- What did the court say? - No comments!
Sir, what is...
Do you think justice has been served for the victim?
There are higher courts too, right?
We'll go for an appeal. That's all.
Thank you.
My daughter has a wish, sir.