Concerns Mount Over Tampering of Key โฃEvidence in actress Assault Case
The case surrounding the 2017 assault of a prominent actress inโ Kerala has been further complicated by revelations of unauthorizedโฃ access and potential tampering with crucial digital evidence – a memory card containing video footage of the crime.
Following โคhis arrest, actor Dileep sought access to the memory cardโฃ to aid in his defense. While denied a copy, he was granted a supervised inspection of its contents. subsequently, allegations aroseโค concerning illegal access to the card while it โฃwas held by the trial court.
Inโค 2024, the survivor actress petitioned the Kerala High Court, requesting a court-monitored inquiry by a special Investigation โTeam (SIT) to probe the alleged unauthorized access and the claim that visuals from the footage had been leaked. The โhigh Court โฃresponded by ordering a fact-finding โenquiry by the โคsessions court and granting the survivor access to copies of โwitness statements collected during that enquiry.
The survivor later challenged the thoroughness of the fact-finding โขenquiry, arguing it wasn’t conducted fairly. โThe High Court dismissed this challenge in October 2024,โ suggesting โฃthe issues raised warranted a new petition.
During these โคproceedings, 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 โฃin 2021. Critically, the lab โalso determined the device’s hash value โhad 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 โresulted 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.“