Kerala HC orders custody of memory card in 2017 actress assault case
Synopsis
Key Takeaways
The Kerala High Court on Friday, 12 June directed that the memory card and pen drive containing visuals from the 2017 actress sexual assault case be transferred from the Ernakulam District and Sessions Court to the Registrar General of the High Court for safe custody. The order came as a bench of Justice C.S. Dias found that the survivor-actress had established a strong prima facie case warranting court-monitored scrutiny of the digital evidence.
What the Court Ordered
The bench directed that the exhibits — the memory card and pen drive — be dispatched in a sealed cover through a court messenger to the Registrar General, ensuring the integrity of the digital evidence while the petition is under consideration. The state has been asked to file a counter-affidavit, after which the matter will return before the court.
The Survivor's Allegations
The survivor first moved the high court in 2022, alleging that the memory card had been accessed without authorisation while under the custody of the trial court. Her latest petition cites forensic findings that reportedly indicate the memory card was accessed on three separate occasions — 9 January 2018, 13 December 2018, and 19 July 2021 — all while it remained in judicial custody. She has argued that the possibility of the visuals being copied or transmitted cannot be ruled out, constituting what she describes as a grave violation of her privacy, dignity, and right to justice.
A Long-Running Legal Battle
The high court had previously ordered a fact-finding inquiry by the trial court following the survivor's 2022 petition. However, she subsequently raised objections to the manner in which that inquiry was conducted, alleging it was neither fair nor comprehensive. In April 2024, the high court directed that copies of statements recorded during the inquiry be handed over to the survivor, while keeping open the question of a separate probe by a Special Investigation Team (SIT). The survivor has now formally sought an SIT investigation involving forensic experts to determine how the digital evidence was accessed, copied, or transmitted.
Context: The Trial Verdict and Pending Appeals
The fresh petition arrives months after the trial court delivered its verdict in this high-profile case, which resulted in the acquittal of actor Dileep and the conviction of six others. The state's appeal against that verdict is currently pending before the high court. Notably, two judges had earlier recused themselves from hearing this fresh petition, adding a further layer of legal complexity to one of Kerala's most closely watched criminal proceedings.
What Happens Next
The matter is scheduled to return before the court one month after the state submits its counter-affidavit. The outcome of the SIT plea could have significant implications for how digital evidence is handled in sensitive criminal cases across the country.