SC to tell if Dileep's memory card a doc in attack case

The Kerala High Court had ruled that the memory card was not a document, which can be provided to the accused. The HC also said it can't be released as it contained sensitive information which could harm the reputation of the victim.

The Supreme Court would on Friday deliver its judgement on a plea by Malayalam actor Dileep for a direction to the prosecution to provide him with the memory card of a mobile phone as a document in order to ensure a fair trial in an actress assault case of 2017.

A bench of Justices A M Khanwilkar and Dinesh Maheshwari would pronounce the judgement at 10.30 am on November 29 on a special leave petition filed by P Gopalkrishnan alias Dileep, against the Kerala HC's order of August 14, 2018.

The top court had reserved its judgement on September 17, 2019.

The legal question involved in the matter included if the memory card was a part of the police document, which has to be provided to the accused under Section 207 of the Criminal Procedure Code.

The Kerala High Court had ruled that the memory card was not a document, which can be provided to the accused. The HC also said it can't be released as it contained sensitive information which could harm the reputation of the victim.

Dileep, for his part, contended he had a constitutional right to the fair trial.

He said the memory card of the alleged assault was filed before a magistrate by a lawyer as the original phone was still not recoverable.

According to the police, the actor had hatched conspiracy with the other accused to abduct the actress and take her nude photographs, as he harboured ill-feeling against her for spoiling his previous marriage. Dileep, who was arrested on July 10, 2017, was released on bail on October 3, 2017.

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