LI Network
Published on: December 08, 2023 at 12:47 IST
The Kerala High Court has issued a directive to the Ernakulam District and Sessions Judge to conduct a fact-finding investigation into allegations of unauthorized access to a memory card in the 2017 actress assault case.
The survivor, in the case [xxxx v State of Kerala & Ors.], has raised concerns about the memory card containing footage of the assault being accessed without authorization.
Justice K Babu, a single judge, has instructed the sessions judge to complete the investigation within a month, with police assistance if necessary.
Notably, the inquiry should not interfere with the ongoing trial of the case. Justice Babu characterized the unauthorized video access as an act of violence against women, a breach of privacy, and a violation of constitutional rights.
The court expressed concern over the failure to protect the victim’s interests, leading to the violation of her fundamental constitutional rights. The survivor alleges that the contents of the video footage were copied and transmitted, causing emotional and psychological harm beyond imagination.
The accused in the rape case includes Malayalam cine actor Dileep, who is alleged to have orchestrated the attack on the survivor for personal reasons. While the trial is underway, the survivor moved the High Court, claiming that the memory card seized as evidence was accessed, copied, and transmitted without authorization.
Despite a Forensic Science Lab report confirming the illegal leak, the trial court has not taken action, according to the survivor’s plea. The petitioner argued that her fundamental right to a fair trial and the right to privacy under Article 21 of the Constitution were violated.
The Director General of Prosecution and Senior Advocate TA Shaji affirmed the unauthorized access, emphasizing that legal restrictions do not hinder police investigations into cognizable offenses. Dileep’s representative, Senior Advocate B Raman Pillai, argued for an investigation into the tampering allegations while questioning the forensic lab report’s veracity.
The High Court, reviewing multiple forensic reports, noted unauthorized access on specific dates and changes in hash values.
It emphasized adherence to Supreme Court directives on video footage inspection and ordered an inquiry into unauthorized access to address the victim’s grievances and maintain the judicial process’s integrity.
