Kerala HC Orders Secure Custody of Evidence in Assault Case

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AuthorRiya Kapoor|Published at:
Kerala HC Orders Secure Custody of Evidence in Assault Case

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The Kerala High Court has directed that a memory card and pendrive, linked to a 2017 actress assault case, be transferred to the Registrar General for safekeeping. The court issued this order following a plea from the survivor regarding alleged unauthorized access to the evidence. The material will remain in secure custody pending further judicial review.

What Happened

The Kerala High Court on Friday issued an interim order directing the transfer of a memory card and a pendrive to the Registrar General. These digital devices contain alleged visuals related to a 2017 actress assault case. The court has mandated that the District and Sessions Judge, Ernakulam, must transfer the items in a sealed cover to ensure they remain in secure custody until the court provides further instructions.

Why This Matters

This order follows a petition filed by the survivor-actress, who has sought a fresh, court-monitored investigation into claims of unauthorized access to the sensitive evidence. The court noted a “prima facie case” for the transfer, indicating that the initial assessment of the situation warrants immediate steps to protect the integrity of the evidence. For those following this long-running legal matter, the decision represents a significant procedural step aimed at maintaining the security of the exhibits involved in the trial.

Background of the Case

The issue of the memory card's safety first reached the High Court in 2022, when the survivor alleged that the device had been accessed without authorization. While the High Court previously directed a fact-finding inquiry by the local trial court, the survivor later raised concerns about the fairness and completeness of that process. Reports from forensic examinations have suggested that the memory card was accessed on three specific occasions—once in 2018 and twice in 2021—while it was being held in the custody of the trial court.

The Plea for Further Investigation

The survivor has argued that the alleged unauthorized access infringes upon her privacy and dignity, and that previous investigations into these breaches were insufficient. The current plea requests the formation of a Special Investigation Team (SIT) to carry out a comprehensive re-investigation into the matter. This includes a demand to use forensic experts to analyze how the material was accessed, copied, or transmitted. The survivor has also requested a copy of the pen drive containing the recordings.

What Comes Next

The legal process regarding this plea is ongoing. The State Prosecution is expected to submit a counter-affidavit to address the allegations and the request for a fresh investigation. The High Court has scheduled the matter for a further hearing in one month. The focus for observers will be on the prosecution's response and the court's final decision regarding the request for a special investigation.

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Disclaimer:This article is published for informational purposes only. While reasonable efforts are made to ensure accuracy, completeness, and timeliness, readers are encouraged to independently verify information before making any decisions based on the content. The views and information presented are subject to editorial review and may be updated without notice.