Supreme Court (File photo)
Supreme Court (File photo)

Malayalam actress abduction case: SC to hear Dileep's plea seeking incident clip on January 23

ANI | Updated: Dec 12, 2018 13:14 IST

New Delhi [India], Dec 12 (ANI): The Supreme Court on Wednesday adjourned the hearing of an appeal filed by Malayalam actor Dileep in which he has sought copy of the digital evidence filed by the police against him for alleged conspiracy of an assault against a south Indian actress. The next date of hearing is January 23 when further arguments will take place.
A bench headed by Justice A.M. Khanwilkar said it will first decide whether the memory card containing the clip, which is part of police report under the Evidence Act, is a "material or document." The apex court further said that the trial court will not frame charges against the actor till it decides the issue.
Senior advocate Mukul Rohatgi urged the bench that it should first decide whether the memory card containing visuals of sexual assault is a document or not. He also urged that the trial court should not frame charges till this issue is decided by the top court.
The top court thereafter adjourned the matter for January 23, 2019 to decide the issue.
The actor had earlier claimed that he has the right to access the memory card, which is considered as crucial evidence in the case. Kerala Government had told the top court that the memory card is not a document under section 207 of IPC but a material object and there is no need to give it to Dileep.
In defence of his client, Rohatgi had told the court that the actor was not named in the original charge sheet and was framed by the alleged victim as an afterthought, due to enmity. He added that his client has the right to obtain the clip.
Earlier, the actor had moved a lower court in Kerala and the state's High Court seeking access to the memory card, but did not get a favourable outcome. The courts had agreed with the police contention that evidence cannot be handed over to the accused.
The actress, who has worked in Tamil and Telugu films, was abducted and allegedly molested inside her car by a group of men, who had forced their way into the vehicle on the night of February 17, 2017 and later escaped.
According to police, the conspiracy to abduct and assault the actress in a moving car was hatched by Dileep. The actor was arrested on July 10, 2017 and was granted bail on October 3. (ANI)