KOCHI: The Kerala High Court on Monday orally observed that accessing the memory card containing the visuals of rape in the 2017 actor abduction and sexual assault case during the night was an unauthorised act. The observation came when the plea by the survivor seeking a detailed probe in the wake of the forensic science lab report stating that the memory card, which was in the safe custody of the court, was accessed illegally, came up for hearing.
The survivor’s counsel said the card was accessed on the night of January 9, 2018, and December 13, 2018, at 9.58 pm and 10.58 pm, respectively. The third access was on July 19, 2021, from 12.19 pm to 12.54 pm. A detailed probe with the aid of scientific methods under the monitoring of the High Court is necessary to book the culprits, submitted the victim’s counsel. The court adjourned the hearing of the case to July 7.
The counsel said the lawyer for the accused was allowed to view the visuals only from the pen drive. No access was given to the memory card. Therefore, the change in the hash value of the card pointed to the fact that somebody had illegally accessed the card.
Justice K Babu orally stated that the alleged illegal access on two occasions happened during the night. “Definitely that access is unauthorised because it happened at night. The 2021 incident probably must have happened during trial proceedings,” said the court. The court will examine whether the police can look into the incident.
The survivor’s counsel said the examination found that on January 9, 2018, the memory card was connected to a computer having Windows OS. It was used in a Vivo mobile phone having Android OS and Jio network application on December 13, 2018. The memory card is in the trial court in a sealed cover. “Somebody accessed the memory card illegally and it is a very serious offence as it amounts to interference with the administration of justice. It also amounts to tampering with evidence which requires an independent investigation by a competent officer under the supervision of the High Court,” submitted the counsel.
The counsel said the question is who are involved and what was their motive? It has a larger effect on the privacy of the victim. “If tomorrow the video surfaces on social media, what will happen?” asked the counsel.