Kochi, June 12 (IANS) The Kerala High Court on Friday reopened a crucial chapter in the 2017 actress assault case, directing the state to respond to a plea by the survivor-actress seeking a fresh court-monitored investigation into the alleged unauthorised access of the memory card and pen drive containing visuals of the sexual assault.
A bench of Justice C.S. Dias, observing that the survivor had established a strong prima facie case, ordered that the memory card and pen drive be transferred from the Ernakulam District and Sessions Court to the Registrar General of the High Court for safe custody until further orders.
The court directed that the exhibits be sent in a sealed cover through a messenger, ensuring that the digital evidence remains protected while the plea is being considered.
The survivor had first approached the high court in 2022, alleging that the memory card containing the assault visuals had been accessed without authorisation while it was in the custody of the trial court.
The high court had then ordered a fact-finding inquiry by the trial court.
However, the survivor later raised objections to the manner in which the inquiry was conducted, alleging that the probe was neither fair nor comprehensive.
In April 2024, the high court directed that copies of the statements recorded during the inquiry be handed over to the survivor while keeping open the question of a separate investigation by a Special Investigation Team (SIT).
In her latest petition, the survivor cited forensic findings that reportedly showed that the memory card was accessed on three occasions: January 9, 2018, December 13, 2018, and July 19, 2021, when it was under the custody of the trial court.
She argued that the possibility of copying or transferring the visuals could not be ruled out, amounting to a grave violation of her privacy, dignity, and right to justice.
The plea comes months after the trial court verdict in the high-profile case, which ended with actor Dileep being acquitted and six others convicted.
The state’s appeal against the verdict is pending before the high court.
The actress has sought an SIT probe involving forensic experts to investigate how the digital evidence was accessed, copied or transmitted.
The matter will return before the court a month after the state files its counter-affidavit.
The case had earlier seen two judges recuse themselves from this fresh petition, adding another layer of controversy to one of Kerala’s most closely watched criminal cases.
–IANS
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