SC to check legal scope of Dileep's demand, plea to consider on December 11

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NEW DELHI: The Supreme Court has said it will consider on December 11, a petition filed by Malayalam film actor Dileep, who is the eight accused in the Kochi actress assault case, seeking copies of videos related to the actress abduction case.


The case was considered by a bench of Justice AM Khanwilkar and Justice Hemant Gupta. Senior Advocate and Former Attorney General Mukul Rohatgi was appeared for Dileep.

Mukul Rohatgi stated that Dileep has the right to get the copy of memory card. If he get it, then he can prove Dileep’s innocence and he claimed that the visuals in the memory card were edited.

“According to the charge sheet, the actress was attacked in a moving vehicle, however, the visuals of the memory card were of a stationary vehicle. Dileep’s lawyers were shown a collection of several edited clips instead of a single video, which contained an audio of strangers’ voices. So to prove the innocence of Dileep, it is essential to get the copy of the memory card”, said Mukul Rohatgi.

Earlier, the Angamali Magistrate Court had dismissed his petition seeking a copy of the digital evidence of the alleged assault. Later, on August 14, the High Court also had dismissed his petition for the same.

In his plea, he stated that he has the right to see those videos as he is claiming that the proofs have been manipulated and edited.

He also claimed that the visuals have been created intentionally to trap him and he needs the visuals to prove his innocence.

While considering his petition, the High Court of Kerala had said, the memory card did not amount to a document, which had to be supplied to the accused as per Section 207 of Code of Criminal Procedure.

Based on this, the apex court has said it will look into the Information Technology Act, 2000 to determine whether the memory card can be treated as a document and if the accused can be given a copy.

Dileep, who was the eight accused in the case was arrested on July 10, 2017, was granted bail on October 3, after 85 days in custody.

Earlier, the actor had given more than 700 pieces of evidence in the case, except the particular video. The lower court didn’t allow him to view it, While Dileep's lawyer was shown the visuals as mandated by law.

The woman actor was attacked on February 17, 2017, when she was on her way to Kochi from her house.

While, a gang of criminals led by Pulsar Suni, who is the prime accused, took her hostage and was allegedly molested her inside the car for two hours, took pictures and visuals of the attack. Following, she was dropped to a director's house nearby. Later, she had filed a complaint with the police on the very same day.

In June, the actor had moved the Kerala High Court, seeking a Central Bureau Investigation into the case. In his petition, he alleged that the Special Investigation Team of Kerala Police had carried out an unfair and biased investigation in the case. His petition is still pending in the High Court.

 

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