Concerns Mount Over Tampering of Key Evidence in actress Assault Case
The case surrounding the 2017 assault of a prominent actress in Kerala has been further complicated by revelations of unauthorized access and potential tampering with crucial digital evidence – a memory card containing video footage of the crime.
Following his arrest, actor Dileep sought access to the memory card to aid in his defense. While denied a copy, he was granted a supervised inspection of its contents. subsequently, allegations arose concerning illegal access to the card while it was held by the trial court.
In 2024, the survivor actress petitioned the Kerala High Court, requesting a court-monitored inquiry by a special Investigation Team (SIT) to probe the alleged unauthorized access and the claim that visuals from the footage had been leaked. The high Court responded by ordering a fact-finding enquiry by the sessions court and granting the survivor access to copies of witness statements collected during that enquiry.
The survivor later challenged the thoroughness of the fact-finding enquiry, arguing it wasn’t conducted fairly. The High Court dismissed this challenge in October 2024, suggesting the issues raised warranted a new petition.
During these proceedings, a report from the State Forensic Science Lab revealed the memory card had been illegally accessed on three separate occasions while in court custody – twice in 2018 and once in 2021. Critically, the lab also determined the device’s hash value had changed, indicating the possibility that the contents had been altered or copied.
The High Court responded with a judgment outlining new guidelines for the handling of digital evidence. The court explicitly acknowledged a systemic failure to protect the survivor’s interests, stating, “The necessary conclusion would be that we failed to protect the victim’s interest, which resulted in the violation of her basic constitutional right. The victim alleges that the contents of the video footage where copied and transmitted. The emotional and psychological harm being suffered by the victim is beyond inventiveness.“