Actor assault case: HC directs sessions court to forward memory card for forensic examination

The court quashed the sessions court order rejecting the plea of the crime branch

The Kerala High Court on Tuesday directed the Ernakulam Additional Sessions Court trying the actor sexual assault case to forward in two days the memory card containing the video of the sexual assault on the actor to the forensic science laboratory, Thiruvanthapuram for examination, in view of the change in the hash value of the card.

Justice Bechu Kurian Thomas also directed the Forensic Science Laboratory to analyze the data within seven days and submit a report to the investigation officer with a copy to the sessions court in a sealed cover.

Justice Bechu Kurian Thomas also set aside the order of the Additional Special Sessions Court, Ernakulam rejecting the plea of the crime branch seeking to forward the memory card.

Allowing the petition filed by the Crime Branch challenging the sessions court order, the Judge observed that the present requirement of the investigation was not for initiating any action, but only for ascertaining certain details which assumed to be relevant to the further investigation. Therefore, the order was liable to be set aside.

The court ordered; “I direct the additional sessions court Ernakulam to immediately at any rate not later than two days from the date of receipt of the copy of the judgment forward the document to FSL through the mode envisaged by law,”

The crime branch in its petition contended that the refusal of its plea amounts to interference in the investigation. Besides, the reason for refusal was unsustainable in law. It pointed out that during the examination of the memory card in FSL, Thiruvananthapuram on January 10, 2020, for the purpose of creating a cloned copy, the FSL experts had noticed a change in hash value (indicative of unauthorised access).

Though the change in hash value was reported to the trial court on January 29, 2020, it was not disclosed to the prosecution till February. However, immediately on getting to know the change in the hash value, the prosecution requested for forensic examination as part of further investigation in the case as it was absolutely necessary to avoid the likelihood of the accused taking undue advantage of it during the trial of the case.