[Malayalam Actress Assault] Kerala High Court allows fresh forensic analysis of memory card containing assault video

In a setback to Malayalam cine actor Dileep, the Kerala High Court on Tuesday allowed fresh forensic examination of the memory card containing video recording of the 2017 assault of a Malayalam actress which Dileep is alleged to have masterminded [State of Kerala v XXX]..Justice Bechu Kurian Thomas passed the verdict on the plea moved by the State Prosecution against the order of the trial court refusing their request in this regard."I set aside ExP4 Order (trial court's order) and direct it to immediately, at any rate, not later than two days from the date of receipt of a copy of this judgment, forward the document to the state forensic science laboratory through the mode envisaged by law. There will be a further direction to the state forensic science lab to analyze the document as requested and submit a report to the investigating officer with the copy to the court in a sealed cover within an outer period of seven days. It is reiterated that the timeline specified must be adhered to, without any delay to the further investigation and trial of the case. The writ petition is allowed as above," the Court said in its judgment..In 2017, a popular Malayalam cine actress was abducted, raped and videotaped in a moving vehicle by several persons allegedly at the behest of Dileep in an attempt to take revenge on the actress who is believed to have played a role in Dileep's divorce from his now ex-wife. The said memory card contains the video recording of the assault and is a crucial piece of evidence in the ongoing trial in the 2017 case and has been marked as an exhibit before the Additional Sessions (CBI special No III) Court in Ernakulam where Dileep and his associates are undergoing trial.During an examination of the memory card at a forensic science laboratory, it was supposedly noticed by experts that there was a change in the hash value of the card, which indicates that it had been accessed. At the time, the card had been in the custody of the trial court.Though this change in the hash value was reported to the trial court in January 2020, it was not disclosed to the prosecution till February 2022.The prosecution immediately requested another forensic examination of the card as part of the further investigation that was allowed by the High Court. However, the trial court dismissed the request, prompting the prosecution to approach the High Court by way of the instant plea.The prosecution, led by Director General of Prosecution, Senior Advocate TA Shaji, argued that forensic examination to ascertain the impact of the change in hash value is absolutely essential so as to prevent the accused and their defense counsel from taking undue advantage of the same.It was argued that the trial court's refusal of another forensic examination is illegal and amounts to interference in the investigation which is in the sole realm of the investigating agency. .On the other hand, advocate Philip T Varghese, representing Dileep, contended that the prosecution was once again attempting to protract an already delayed trial. He also argued that forensic examination would only be able to tell if the card was accessed, not what exactly was done when it was accessed. Moreover, he pointed out that there is a cloned copy of the memory card with a forensic science lab which can be used for the purpose of the comparison..The survivor actress has also moved a plea before the Kerala High Court alleging foul play in the investigation into Dileep. The matter was initially heard along with the instant plea but was later de-linked and will now be heard separately. Read more about the survivor's plea here..[Read Judgment]