The survivor of the 2017 Kerala actress assault case has petitioned the Kerala High Court to order a fresh investigation into the unauthorized access of a memory card containing footage of her gang rape while it was in court custody.
In her petition, filed through senior advocate Vrinda Grover, the actress contends that the initial inquiry conducted by the trial court under the High Court’s direction violated fundamental principles of natural justice. The plea highlights a conflict of interest, stating that the previous probe was overseen by the trial court judge in whose custody one of the unauthorized accesses occurred.
Furthermore, the petitioner argues that two subsequent inquiry reports released in 2024 lack credibility. She asserts that these investigations were carried out in secrecy, failing to involve the victim, the police, or independent experts, despite explicit directions from the High Court to include them. The petition also alleges that the inquiring judge failed to investigate whether those who illegally accessed and removed the memory card from lawful custody did so for financial gain or personal enrichment.
Unauthorized Access Of Evidence
According to the petition, the memory card containing video evidence of the sexual assault was accessed on three separate occasions between January 2018 and July 2021 while held in court custody.
The actress argues that the illegal handling of this sensitive footage violated her constitutional rights to dignity and privacy under Article 21. She states that the breach has caused her renewed trauma and victimization during her ongoing wait for justice, while also damaging her trust in the fairness of the judicial process.
Origins Of The 2017 Case
The original case dates back to February 17, 2017, when a group of men forced their way into the moving vehicle of the multi-lingual actress in Kerala. She was held captive for two hours, during which the prime accused, Sunil N S, also known as Pulsar Suni, sexually assaulted her. The act was recorded on video with the assistance of other accomplices. The incident deeply impacted the public consciousness across Kerala.
Trial Court Rulings And Sentences
Following a trial, the court convicted the first six accused in the case—Sunil N S, Martin Antony, Manikandan B, Vijesh V P, Salim H, and Pradeep—sentencing them to 20 years of rigorous imprisonment.
However, the court acquitted actor Dileep and three other defendants after a trial lasting nearly six years. Dileep, who had been accused of conspiring in the crime, was arrested during the initial police investigation before ultimately being cleared of all charges.
