Kerala actor assault case: High Court orders fact-finding inquiry into ‘illegal access’ to memory card

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Justice Okay. Babu directed the the Ernakulam District and Sessions Court to full the inquiry in a single month.
| Photo Credit: H. VIBHU

The Kerala High Court on December 7 (Thursday) directed the Ernakulam District and Sessions Judge to conduct a fact-finding inquiry into the allegation that the memory card containing movies within the actor sexual assault case involving actor Dileep had been accessed unauthorisedly and its contents had been copied and transmitted.

Justice Okay. Babu directed the periods courtroom to full the inquiry in a single month. The courtroom additionally made it clear that the periods choose can search the help of any company, together with the police, to conduct the inquiry.

The courtroom additionally mentioned that if any offence is found through the inquiry, the periods choose shall proceed as per provisions underneath the Code of Criminal Procedure.

The courtroom handed the order whereas disposing of a petition filed by the survivor searching for an investigation by the police into the alleged unlawful entry to the memory card whereas within the custody of the principal periods courtroom and extra periods courtroom.

Vital proof

According to her, the memory card which contained the movies of the alleged sexual assault was an important piece of proof. It had been established by the forensic science laboratory report that the hash worth of the memory card had been modified due to the unlawful entry whereas within the custody of the courts.

The memory card had been accessed thrice. In reality, there was prima facie materials to make out a cognizable offence. Therefore, a case must be registered and an investigation performed to convey to e book those that had accessed it. If anyone had illegally accessed the movies, taken out and considered them, the basic proper of the petitioner to privateness had been violated. The courtroom ought to shield the petitioners’ basic proper to privateness and take the strictest motion in opposition to those that had accessed it. The religion of residents within the judicial administration can be affected if sexually express movies had been taken out whereas within the custody of the courtroom, the petitioner mentioned.

The petitioner submitted that nobody must be allowed to unauthorisedly entry any doc within the custody of the courtroom. It was extra so within the case of “sealed videos” on sexual assault of the petitioner. The petitioner was very distressed over the incident. Normally, the police would have registered a case. But the police had been unable to register a case as a result of the unauthorised entry came about when it was within the custody of the courtroom.

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