Actor assault case: Kerala HC directs sessions judge to provide survivor a copy of fact-finding inquiry report

The Kerala High Court has directed the Ernakulam District and Sessions Judge to give the survivor in the actor sexual assault case involving Malayalam actor Dileep a copy of the report on a fact-finding inquiry into the allegation that the memory card containing videos of the sexual assault had been accessed unauthorisedly, its contents copied and transmitted.

The Kerala High Court on February 21 (Wednesday) directed the Ernakulam District and Sessions Judge to give the survivor in the actor sexual assault case involving Malayalam actor Dileep a copy of the report on a fact-finding inquiry into the allegation that the memory card containing videos of the sexual assault had been accessed unauthorisedly, its contents copied and transmitted.

Justice K. Babu, while passing the order, observed that the court never intended that the fact-finding inquiry report should be treated as confidential. The court said if the inquiry was completed within the stipulated time, a report copy shall be given to the survivor.

When a petition filed by the survivor seeking a copy of the report came up before the court, the counsel for the survivor submitted that as per a letter received from the district judge, the inquiry had been completed by the sessions judge.

The court had ordered the inquiry into the allegations while allowing a petition filed by the survivor. She pointed out in her petition that as per the report of forensic science laboratory, the memory card had been accessed illegally using a mobile phone having an Android operating system and a Jio network application. The mobile phone had Telegram, WhatsApp, and Instagram apps installed.

The memory card was accessed on the night of January 9, 2018, and December 13, 2018, at 9.58 p.m. and 10.58 pm, respectively. The third access was done on July 19, 2021, from 12.19 p.m. to 12.54 p.m. Based on this, the survivor, therefore, sought a probe into the unauthorised access made to the memory card.

The court, while ordering the fact-finding inquiry, had directed that if any offence was discovered during the inquiry, the sessions judge shall proceed as per provisions under the Code of Criminal Procedure (CrPC).