Assault Survivor Seeks Fresh Probe into Memory Card Breach
In a significant development in the high-profile 2017 actress assault case, the survivor has approached the Kerala High Court, requesting a new investigation into alleged unauthorized access to a crucial memory card containing visuals of the assault. This move underscores the ongoing legal battle surrounding the case, formally titled XXX v State of Kerala & ors.
The survivor, represented by legal advocate Vrinda Grover, has also requested a copy of the pen drive containing the video recordings of the incident. The petition filed by Grover marks a renewed effort to address the concerns surrounding the integrity and handling of key evidence in the case.
Background of the Investigation Request
Initially, in 2022, the survivor approached the Kerala High Court, raising alarm over the unauthorized access to the memory card. Following this, the High Court directed a fact-finding inquiry, to be carried out by the trial court. However, the survivor later objected to the inquiry’s findings, citing inadequacies in the investigation’s fairness and comprehensiveness.
In April 2024, the High Court instructed that the statements recorded during the inquiry be provided to the survivor. It also left open the potential requirement for a separate probe by a Special Investigation Team (SIT), reflecting the ongoing dissatisfaction with the trial court’s handling of the evidence.
The current plea for a renewed investigation arises months after the trial concluded, with actor Dileep being acquitted and six others convicted by a sessions court. An appeal by the State challenging these verdicts is still pending before the High Court.
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Forensic Concerns and Privacy Violation
According to forensic examinations cited in the petition, the memory card was accessed on three distinct occasions—January 9, 2018, December 13, 2018, and July 19, 2021—while under the custody of the trial court. The petition argues that such unauthorized access could lead to copying and transmission of the video content, constituting a grave violation of the survivor’s privacy, dignity, and right to justice.
The petition further contends that previous court directives addressing the handling of the memory card were not adequately followed. Consequently, the survivor has called for the formation of an SIT, which would include forensic experts, to conduct a thorough investigation.
The plea, submitted by advocates Vrinda Grover, KV Bhadra Kumari, Rhuthunanda SB, Arunima TS, and Byja EG, emphasizes the need for re-investigation into the circumstances surrounding the unauthorized access, copying, and potential transmission of the sensitive materials, all while the memory card was in the trial court’s custody.
