Kerala HC allows forensic examination of digital evidence in actor assault case

The Kerala high court directed the crime branch of police to send the memory card containing crucial evidence in the 2017 actor assault case to the state forensic laboratory and submit a report to the investigating officer with a copy to the court in a sealed cover in seven days

The Kerala high court on Tuesday allowed the crime branch of police to send the memory card containing crucial evidence in 2017 actor abduction and assault case for forensic examination.

The actor assault case took place in February 2017 when a leading south Indian woman actor was abducted and assaulted in a moving vehicle in Kochi by a criminal gang who also filmed the criminal act. (File Photo)

The actor assault case took place in February 2017 when a leading south Indian woman actor was abducted and assaulted in a moving vehicle in Kochi by a criminal gang who also filmed the criminal act. The gang members were arrested and police made leading Malayalam actor, Dileep, eighth accused in the case on charges that the crime was carried out at his behest to settle an old score with the woman actor.

The single bench of justice Bechhu Kurian set aside the trial court’s order and directed the crime branch to send memory card to the state forensic laboratory and submit a report to the investigating officer with a copy to the court in a sealed cover in seven days.

The court also ruled that the timeline specified for the prosecution to wind up the probe should be adhered to and it has to ensure that no delay takes place due to this.

The survivor and the prosecution earlier claimed that a video of the assault was leaked out from the trial court and they also suspected tampering.

The court agreed to the contention of the prosecution that electronic evidence was necessary to ascertain certain details and not to initiate any fresh action. But actor Dileep opposed it alleging that it was a ploy to delay the case further.

In last February, the survivor sent a letter to the chief justice of the Supreme Court alleging that the visuals of assault on her were leaked out from the trial court. Two years ago, the state forensic lab also confirmed in the trial court that the visuals were leaked from the court.

Though she moved the trial court for investigation, it was turned down and later she also sought shifting of the trial court judge Honey M Varghese but the high court and the apex court turned it down.

As the trial in the case was about to end in January 2022, a new case surfaced after a disclosure by Malayalam director Balachandra Kumar, who told police that he met the prime accused in the actor assault case, Pulsar Suni, at actor Dileep’s residence in 2016 when he went to discuss a new project and also claimed that the latter had a video clip of the assault and he once invited him to see it. He also claimed that he was privy to a conversation that took place in Dileep’s house to eliminate officials who investigated the actor assault case. In connection with this, another case was registered against Dileep, his brother, brother-in-law and two aides in January.