SC Stays Trial In Malayalam Actor Sexual Assault Case To Decide Whether Memory Card Is A ‘Document’.

SC Stays Trial In Malayalam Actor Sexual Assault Case To Decide Whether Memory Card Is A ‘Document’

The Supreme Court today stayed the trial in the criminal case in which Malayalam cine actor Dileep is accused of hatching the conspiracy behind the abduction and sexual assault of an actor in February 2017. Dileep had petitioned the Supreme Court in January seeking the handing over of the memory card, which allegedly contains the video footage of the crime.

Both the trial court and the High Court had declined the prayer holding that memory card was not a ‘document’ within the meaning of Section 207 of the Code of Criminal Procedure which should be handed over to the accused; rather, it was held to be a ‘material object’.

The Kerala High Court had dismissed the plea holding that memory card in the case amounted to a material object and not a documentary evidence. ” and held that “Memory card itself is the end product of the crime. It is hence a material object and not a documentary evidence. Hence, it stands out of the ambit of section 207 Cr.P.C”.

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