The prosecution’s purpose of sending the memory card in the actor rape case for forensic analysis was not clear from its forwarding note, observed the Kerala High Court.
Justice Bechu Kurian Thomas, who was considering the petition of the prosecution for sending the card for analysis, noted that all that the prosecution wanted to know was the last date of access of the cards. The last date of access was available in a report before the court, the judge orally observed.
The judge asked whether the accused viewing the contents of the card would in any way affect the present case. In the event of the accused viewing the contents of the card, the victim can file a separate case. A report that the hash value of the card has changed but not the hash value of the visuals and files is available before the court. The authenticity of the video recordings has not been affected, the court noted.
In the worst-case scenario of the visuals being tampered with, the copy of the videos that are kept at the forensic science laboratory could be examined, the judge observed.
Incidentally, the survivor had moved the Chief Justice of India and others apprehending that the visuals of the alleged sexual assault were illegally accessed after reports of change in the hash value surfaced.
T. A. Shaji, Director General of Prosecution, contended that the prosecution had no other agenda in getting the card examined than explaining the change in the hash value in the trial court. The memory card needs to be sent for examination to ensure that the integrity of evidence is not affected, and the defence lawyers would not take advantage of the changed hash values, he argued.
The prosecution brought in the Assistant Director of the Forensic Science Laboratory, Thiruvananthapuram, to explain the technical aspects of the hash value.
B. Raman Pillai, counsel for Dileep, said the date of access of the memory card had no relevance in the ongoing trial. The contents of the memory card was discussed, forensic experts examined, and statements recorded earlier. The prosecution was attempting to create a smokescreen and trying to delay the trial, he alleged.
The court posted the case for Tuesday.
