Actor Assault Case: Kerala High Court Directs Sessions Judge To Provide Copy Of Inquiry Report On Memory Card Access To Survivor

The Kerala High Court today directed the Ernakulam District and Sessions Judge to give the survivor in the actor sexual assault case, involving Malayalam actor Dileep, a copy of the report of fact-finding inquiry into the allegation that the memory card containing videos of the sexual assault had been accessed unauthorisedly.

“This court never intended that the report should be treated as confidential,” observed Justice K Babu orally.

The court said if the inquiry was completed within the stipulated time, a report copy shall be given to the survivor. “She has a right to know this,” remarked the court.

When the petition seeking a copy of the report came up before the court, the counsel for the survivor submitted that the inquiry had been completed by the sessions judge.

Advocate Gaurav Agarwal appearing on behalf of the survivor had previously submitted that the Memory Card had been accessed three times while in court custody. He submitted that on the first instance on January 9, 2018, two files had been created in the Memory Card while it was in the custody of Angamali Judicial First Class Magistrate Court, and on the second instance on December 13, 2018 at 10.58 P.M., three files were created in the Memory Card while it was in the custody of the District Principal Sessions Court, and was accessed on a device having Android Operating System. The third instance as per the Counsel was on July 19, 2021, when 34 new files were created upon being accessed through Vivo Mobile phone having Android OS.

Accordingly, the Kerala High Court had directed the Ernakulam District and Sessions Judge to conduct a fact-finding enquiry into the allegations.

Case Title: XXX v. State of Kerala

Case Number: W.P. (Crl.) 445/ 2022