Actor Assault Case | Kerala High Court Asks Prosecution To Collect & Submit Cloned Copy Of Memory Card In A Sealed Cover Before Trial Court By Monday
The Kerala High Court on Friday authorised the investigating agency to collect the required evidence from the forensic laboratory while hearing its plea seeking another three weeks extension to conclude the further investigation in the 2017 sexual assault case.Justice Kauser Edappagath asked the Investigating officer to collect the cloned/mirror image of the memory card allegedly containing...
The Kerala High Court on Friday authorised the investigating agency to collect the required evidence from the forensic laboratory while hearing its plea seeking another three weeks extension to conclude the further investigation in the 2017 sexual assault case.
Justice Kauser Edappagath asked the Investigating officer to collect the cloned/mirror image of the memory card allegedly containing the visuals of the crime by today and produce it before the trial court in a sealed cover by Monday.
The said memory card is a crucial piece of evidence in the ongoing trial in the 2017 case and has been marked as an exhibit before the trial court.
When the matter was taken up, the Court orally remarked that the prosecution was seeking an extension time and again in this case. At this juncture, Director General of Prosecutions T.A Shaji informed the Court that this was because new evidence had come out regarding the change in hash value of the memory card which is a crucial piece of evidence in the case.
Thereafter, the DGP added that the main reason for seeking an extension of time was to collect this cloned /mirror image of the memory card originally produced before the Angamaly Magistrate from the forensic laboratory in Thiruvanthapuram. Further, the prosecution submitted that the final report is otherwise ready.
Recording this submission, the Court ordered that an Investigating Officer shall be deputed today itself to collect this cloned/mirror image of the memory card and that it shall be produced before the trial court in a sealed cover by Monday morning.
The prosecution had also asked time to question DGP R Sreelekha IPS regarding her remarks on the case. The Court questioned the relevance of her remarks in the case while adding that it would record its observations on this aspect in its order on Monday.
The case will be taken up on Monday.
The time extension petition had attached a copy of the report received from the Forensic Science Laboratory (FSL) which disclosed compelling evidence suggesting that the memory card was accessed three times while it was in the custody of the trial court. This report comes after the High Court recently allowed the Crime Branch's plea challenging the order of the Special Sessions Court rejecting its petition to forward the memory card for forensic examination.
The State Forensic Science Lab found that the memory was accessed on January 9, 2018, December 13, 2018, and finally on July 19, 2021. It was also argued by the Crime Branch that the forensic expert who filed the examination report should be examined before the trial court in detail to unearth the truth behind such unauthorised access, which required more time.
The said memory card was initially forwarded to a forensic laboratory for examination. Later on, it was forwarded to another laboratory to make a cloned copy upon Dileep's request, as permitted by the Supreme Court.
However, during the examination of the memory card, the FSL experts noticed a change in the hash value of the card, which indicates unauthorised access. Immediately, upon coming to know about the change in the hash value, the prosecution requested another forensic examination of the card to avoid the likelihood of the accused taking undue advantage of the same.
Nevertheless, the trial court dismissed this plea citing that the memory card was kept in the safe custody of the court since its production. The High Court subsequently allowed the request of the prosecution.
Notably, the crime branch further submitted that it had to question former DGP R Sreelekha IPS, who recently alleged that actor Dileep was 'innocent' in the case apart from other statements which were contradictory to the outcome of the investigation.
As such, they had sought three more weeks' time.
Last month, the Court had granted the prosecution an extension till July 15 to complete the investigation. However, the Single Judge had then clarified that the further investigation cannot be allowed to continue indefinitely.
Case Title: State of Kerala v. Gopalakrishnan alias Dileep & Anr.