SC denies Dileep memory card, but says he can view visuals

SC denies Dileep memory card, but says he can view visuals


Actor Dileep will not get a copy of the memory card containing visuals of actress abduction case but can watch the visuals.

The Supreme Court on Friday ruled against handing over a copy of the memory card of the mobile phone in the case relates to visuals in the 2017 actor assault case.

The Bench of Justices AM Khanwilkar and Dinesh Maheshwari ruled that a memory card had to be considered as document under the CrPC, access to which must be given to an accused if the prosecution had relied on such evidence.

It felt that normally a copy of such a material should be given to the accused but where the issues of privacy of the victim or witnesses come up, the rights could be "balanced by moulding the relief".

Here, since the memory card was believed to contain the video of the alleged sexual assault of a renowned South Indian actor, the court held that Dileep could get only limited access to the memory card.

The state government had said the card was an evidence in the case.

Dileep, represented by Mukul Rohatgi, argued that if the memory card was evidence, he had the right to access it. In his plea, the actor stated that if the probe team felt the visuals on the memory card would be leaked, it should be handed over under strict terms. He also argued that the visuals were fabricated.

The court ruled that Dileep and his legal team could secure an expert opinion on the veracity of the memory card and experts of Central Forensic Science Laboratory (CFSL) could be given the access, it ruled.

Dileep had filed the petition against Kerala High Court order of August 14, 2018, that the memory card was not a document, which can be provided to the accused. It had said the card contained sensitive information which could harm the reputation of the victim.