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

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, one of the accused in the case, has opposed it saying it was a ploy to delay the case further.

Published on: Jul 6, 2022, 24:22:01 IST
By , Thiruvananthapuram
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The Kerala high court on Tuesday allowed the crime branch to send the memory card containing crucial evidences, in the 2017 actor abduction and assault case, for forensic examination.

The Kerala high court set aside the trial court’s order and directed the crime branch to send the 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. (HT Archives)
The Kerala high court set aside the trial court’s order and directed the crime branch to send the 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. (HT Archives)

The single bench of justice Bechhu Kurian set aside the trial court’s order and directed the crime branch to send the 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.Earlier, the victim and prosecution had claimed that the assault video was leaked out from the trial court and they had also suspected tampering of evidence.

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 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, one of the accused in the case, has opposed it saying it was a ploy to delay the case further.

In last February the survivor in the case, a leading woman actor in south India, had written to the Chief Justice of Supreme Court alleging that visuals of assault on her were leaked out from the trial court. Two years ago the state forensic lab had also confirmed in the trial court that 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 HC and apex court turned the request down.

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

As the trial in the case was about to end in January 2022, a new case surfaced after the disclosure of Malayalam director Balachandra Kumar. He told the police that he met the prime accused in actor assault case Pulsar Suni at Dileep’s residence in 2016 when he had gone there to discuss a new project and also claimed that the latter had a video clipping of the assault and had once invited him to see it.

He also alleged said he was privy to a conversation that took place at Dileep’s house in which he heard about a conspiracy to eliminate police officials investigating the 2017 case. In January another case was registered against Dileep, his brother, brother-in-law and two aides.

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