The Supreme Court on Friday rejected Malayalam actor Dileep’s plea seeking access to a copy of the memory card containing video of the alleged sexual assault of an actress in 2017, the Bar&Bench reported.
Dileep is eighth accused in the case and allegedly masterminded the crime.
The court cited privacy and safety concerns of the survivor in denying access to the accused. However, the court has allowed Dileep to inspect the video subject to conditions securing the privacy of the actress, LiveLaw said.
Senior advocate Mukul Rohatgi, who was representing Dileep, argued that the videos were doctored and asked for a copy of the memory card to establish the actor’s innocence in the case.
The top court had stayed the trial against the actor till it decided on his plea regarding the memory card.
The key accused in the case, Pulsar Suni, who confessed to the crime and to conspiring with Dileep, has been in jail since his arrest in 2017. The actress was abducted and allegedly assaulted inside her car in Kochi for two hours by Suni and his accomplices.
A video clipping of the attack was transferred from Suni’s phone and stored in the memory card, The NewsMinute reported. The card was handed over a by a lawyer of one of the accused to the Magistrate as the original mobile device used to film the assault was not recoverable, Bar&Bench says.
On Friday, Kerala government argued against giving Dileep access to the card, saying, “If the copy of the footage is given without taking into consideration the Fundamental Rights and the Right of Privacy of the victim, the same will adversely affect the case of the prosecution,” LiveLaw quoted.