SC stays trial in sexual assault case against Malayalam actor Dileep

The Supreme Court today stayed the trial against Malayalam Actor Dileep in the sexual assault he had been implicated in.

The trial will remain stayed until the conclusion of the proceedings in the Supreme Court. This order was passed by the Bench of Justices AM Khanwilkar and Ajay Rastogi.

The petition filed by Dileep in the Supreme Court prays for access to the memory card that contains video footage of the alleged assault. The plea was earlier turned down by the Kerala High Court.

The memory card containing video footage of the assault was handed over to the Magistrate by the lawyer of one of the accused. This was done considering that the original mobile device used to film the assault was not recoverable.

It is Dileep’s case that the video contained in the memory card is fabricated and is a compendium of shorter clips as opposed to a 3-4-minute-long sequence, as is mentioned in the police records.

The said memory card was not supplied to Dileep on the grounds that it is not a “document” under the provisions of the law. The High Court had also stated that the contents of the memory card are too sensitive to be released.

Dileep’s argument is that the memory card is a ‘document’ under the Evidence Act and that he has a right to be supplied with the same, along with a copy of the police reports under Section 207 of the Code of Criminal Procedure.

During the previous hearing, the State of Kerala had given an undertaking that the State would not press for framing of charges against Dileep for the time being, till the Supreme Court disposes of the Dileep’s plea. This had delayed the trial proceedings, as the State of Kerala informed this decision to the trial court seeking adjournment.

Today, the Supreme Court fixed the next date of hearing for the third week of July, while staying the proceedings in the trial court.

Md Sahabuddin Mondal

Junior Advocate, Calcutta High Court

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