Actor Assault Case| Crime Branch Approaches Kerala High Court Seeking 3 More Weeks To Wind Up Probe

The Crime Branch has moved the Kerala High Court seeking another three weeks extension to conclude the further investigation in the 2017 sexual assault case.

The time extension petition has attached a copy of the report received from the Forensic Science Laboratory (FSL) which discloses compelling evidence suggesting that the memory card allegedly containing the visuals of the crime was accessed three times while it was in the custody of the trial court. 

This report comes after the High Court recently allowed the Crime Branch's plea challenging the order of the Special Sessions Court rejecting its petition to forward the memory card for forensic examination. 

The State Forensic Science Lab found that the memory was accessed on January 9, 2018, December 13, 2018, and finally on July 19, 2021.

"The memory card is used in a Vivo make mobile phone having an android operating system and Jio network application. In this device Telegram, WhatsApp and Instagram apps were installed," reads the report. 

It was also argued by the Crime Branch that the forensic expert who filed the examination report should be examined before the trial court in detail to unearth the truth behind such unauthorised access, which required more time.

The report further reveals that the memory card was analysed using forensic write blockers.

"The examination found that on January 9, 2018, the memory is connected to a computer having windows operating system. Similarly, it was used in a mobile device having an android operating system on December 13, 2018."

The said memory card is a crucial piece of evidence in the ongoing trial in the 2017 case and has been marked as an exhibit before the trial court. It was initially forwarded to a forensic laboratory for examination. Later on, it was forwarded to another laboratory to make a cloned copy upon Dileep's request, as permitted by the Supreme Court.

However, during the examination of the memory card, the FSL experts noticed a change in the hash value of the card, which indicates unauthorised access. Though this change in the hash value was reported to the trial court on January 29, 2020, it was not disclosed to the prosecution till February 2022.

Immediately, upon coming to know about the change in the hash value, the prosecution requested another forensic examination of the card to avoid the likelihood of the accused taking undue advantage of the same. Nevertheless, the trial court dismissed this plea citing that the memory card was kept in the safe custody of the court since its production.

The report now clarifies that the hash value was altered due to the creation of new folders and files and the change of metadata of files stored in the card. 

Notably, the crime branch further submitted that it had to question former DGP R Sreelekha IPS, who recently alleged that actor Dileep was 'innocent' in the case.

In a video she uploaded on her YouTube channel, she also said that the photographs seized by the investigating agency in which Dileep and Pulsar Suni are seen on the set of a Malayalam film were photoshopped. She went on to counter many of the findings put forth by the investigating agency.

"Her revelations need to be verified so as to examine the impact of the same in the case under trial. The investigating agency has to question her in this regard," the Crime Branch submitted.

As such, they have sought for three more weeks' time.

The prosecution had approached the Court initially on April 8 seeking an extension to wind up the probe claiming that certain voice clips were highly necessary for proper adjudication of the case to satisfy the Court of the necessity to extend the time frame to complete the further investigation.

The prosecution had approached the Court again thereafter seeking more time to wind up the investigation citing that they had to make every piece of evidence admissible. Last month, the Court had granted the prosecution an extension till July 15. However, the Single Judge had then clarified that the further investigation cannot be allowed to continue indefinitely. 

Case Title: State of Kerala v. Gopalakrishnan alias Dileep & Anr.