Kanpur, Nov 27; Axar Patel continued his golden run in favourable home conditions, grabbing another five-wicket haul to put India in the driver's seat after New Zealand were bowled out for 296 despite an opening stand of 151 on the third day of the first Test here on Saturday.

The left-arm spinner had a couple of dream sessions when he finally found the ideal pace and turn off the surface to completely derail New Zealand's steady first innings. His final figures read 34-6-62-5 as India got a crucial 49-run first innings lead, which increased to 63 at stumps.

Ravichandran Ashwin was also on the money as he bowled 42.3 overs to finish on 3 for 82, inching closer to becoming the third highest Indian wicket-taker in Test cricket.

Gujarat man Axar has been terrific since he donned the India whites at the start of the year and now has as many as 32 wickets in just three and half Tests. The five-for was his fifth having already got four in the three Tests against England.

However, he will cherish this one a bit more considering that the track was not as diabolical as the ones in the England series (second Test in Chennai and the Pink Test in Ahmedabad).

At stumps, the hosts were 14 for 1 after losing Shubman Gill (1) for the second time to Kyle Jamieson, who again found a gaping hole between his bat and pad.

With the deliveries keeping wickedly low, New Zealand's chances of fighting it out in the fourth innings will be pretty low unless skipper Kane Williamson produces one of his steady knocks.

On the day, however, he managed just 18 and when Umesh Yadav's in-cutter brought about his downfall at the stroke of lunch, the wheels of fortune turned in favour of India.

This was after openers Will Young (89 off 214 balls) and Tom Latham (95 off 282 balls) added 151 for the opening stand but both, despite their dogged display, missed out on hundreds.

It was the second new ball that did the trick just before lunch as Umesh (1/50 in 18 overs) pitched one on off-stump, which cut back enough to find Williamson's pads.

The next two sessions belonged to India as they got eight wickets for just 99 runs.

Axar's perseverance paid off as he changed his line from leg-middle to off-middle and the release was at a greater speed when compared to what he did on the second evening.

He removed Ross Taylor (11), Henry Nicholls (2) and Latham within a space of 13 runs to completely upset Black Caps' rhythm.

It was in the post-lunch session that Axar finally sent down a classical left-arm spinner's delivery.

There was a delivery that had a bit of air and pitched on length drawing Taylor forward and then turned enough to take an outside edge which went to substitute keeper K S Bharat. Bharat came in after regular stumper Wriddhiman Saha complained of a stiff neck.

Nicholls also tried sweeping a much fuller delivery which turned back in and he was found leg before.

Having understood that on a slower track like this one, the pace off the pitch needed to increase, Axar gave it a tweak at decent clip which saw Latham beaten all ends up. Bharat fumbled before he could effect the stumping.

Prior to that, Latham hardly had any lapse of concentration as he played 47 overs of the New Zealand innings.

Later on, Axar got Tom Bundell (13 off 94 balls), who looked to merely survive and finally got a 'shooter' that cleaned his defence.

Southee became his fifth victim trying to play inside an arm ball which turned enough to hit the off-stump.

The pitch on the third day didn't change its character as it stayed low and slow but the Indian spinners did better as the time progressed by varying the pace of their deliveries.

During the session, Ashwin was seen involved in an animated discussion with umpire Nitin Menon after he decided to come round the wicket against Williamson and cautioned for walking on the dangerous area on his follow-through, which also obstructed the umpire's view.

The intention was to create a few roughs with his bowling spikes in the region.

Menon, having understood the motive, had a word with Ashwin and skipper Ajinkya Rahane and after some discussions, normalcy prevailed.

Later at the fag end of the of day, Ashwin cleaned up the visiting team's tail.

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Kochi (PTI): The prosecution had "miserably" failed to prove the conspiracy charge against Dileep in the sensational 2017 actress sexual assault case, a local court has observed while citing inconsistencies and lack of sufficient evidence against the Malayalam star.

The full judgement of Ernakulam District and Principal Sessions Court Judge Honey M Varghese was released late on Friday, and has revealed the judge also pointing out at unsustainable arguments put forth by the prosecution.

"The prosecution miserably failed to prove the conspiracy between accused No.1 (Pulsar Suni) and accused No.8 (Dileep) in executing the offence against the victim," the court held.

It examined in detail, the prosecution's allegation that Dileep had hired the prime accused to sexually assault the survivor and record visuals, including close-up footage of a gold ring she was wearing, to establish her identity.

On page 1130 of the judgment, under paragraph 703, the court framed the issue as whether the prosecution's contention that NS Sunil (Pulsar Suni) recorded visuals of the gold ring worn by the victim at the time of the occurrence, so as to clearly disclose her identity, was sustainable.

The prosecution contended Dileep and Suni had planned the recording so that the actress' identity would be unmistakable, with the video of the gold ring intended to convince Dileep that the visuals were genuine.

However, the court noted that this contention was not stated in the first charge sheet and was introduced only in the second one.

As part of this claim, a gold ring was seized after the victim produced it before the police.

The court observed that multiple statements of the victim were recorded from February 18, 2017, following the incident, and that she first raised allegations against Dileep only on June 3, 2017.

Even on that day, nothing was mentioned about filming of the ring as claimed by the prosecution, the court said.

The prosecution failed to explain why the victim did not disclose this fact at the earliest available opportunities.

It further noted that although the victim had viewed the sexual assault visuals twice, she did not mention any specific recording of the gold ring on those occasions, which remained unexplained.

The court also examined the approvers' statements.

One approver told the magistrate that Dileep had instructed Pulsar Suni to record the victim's wedding ring.

The court observed that no such wedding ring was available with her at that time.

During the trial, the approver changed his version, the court said.

The Special Public Prosecutor put a leading question to the approver on whether Dileep had instructed the recording of the ring, after which he deposed that the instruction was to record it to prove the victim's identity.

The court observed that the approver changed his account to corroborate the victim's evidence.

When the same question was put to another approver, he repeated the claim during the trial but admitted he had never stated this fact before the investigating officer.

The court noted that the second approver even went to the extent of claiming Dileep had instructed the execution of the crime as the victim's engagement was over.

This showed that the evidence of the second approver regarding the shooting of the ring was untrue, as her engagement had taken place after the crime.

The court further observed that the visuals themselves clearly revealed the victim's identity and that there was no need to capture images of the ring to establish identity.

In paragraph 887, the court examined the alleged motive behind the crime and noted that in the first charge sheet, the prosecution had claimed that accused persons 1 to 6 had kidnapped the victim with the common intention of capturing nude visuals to extort money by threatening to circulate them and there was no mention about Dileep's role in it.

The court also rejected the prosecution's claim that the accused had been planning the assault on Dileep's instructions since 2013, noting that the allegation was not supported by reliable evidence.

It similarly ruled out the claim that Suni attempted to sexually assault the victim in Goa in January 2017, stating that witness statements showed no such misconduct when he served as the driver of the vehicle used by the actress there.

The court also discussed various controversies that followed Dileep's arrest and the evidence relied upon by the prosecution, ultimately finding that the case had not been proved.

Pronouning its verdict on the sensational case on December 8, the court acquitted Dileep and three others.

Later, the court sentenced six accused, including the prime accused Suni, to 20 years' rigorous imprisonment.

The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.

Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.