Kochi: According to the position of the court, the investigation into the case where the memory card was opened and examined while in the custody of the courts, in the case of the attack on the actress, will continue. This week, the High Court is considering the petitions filed by Atijeetha and Crime Branch.
The High Court had earlier ordered re-examination of the memory card containing the footage of the actress’ assault case. However, the crime branch is no longer interested in the investigation after the charge sheet has been filed. The trial proceedings will resume soon after the charge sheet is served on the accused.
In this situation, the crime branch is of the opinion that it is sufficient to investigate the memory card incident only if the court orders it.
The cyber forensics report says that the memory card was found in a Vivo phone that uses a Jio SIM card. The trial court had verbally instructed to find out the owner of this phone. The assessment of the investigation team is that the words of the court are a statement that the crime branch can investigate if necessary.
The trial court had quashed the order not to check the memory card. The High Court also rejected Dileep’s demand to re-examine the memory card.
The court order accepted the prosecution’s argument that it is the right of the investigating officer to decide how the investigation should be conducted. The prosecution’s contention was that someone opened the memory card while it was in the court’s custody and the hash value was changed by rechecking and verifying the authenticity of the case. Ati Jivetha also requested the court to check the memory card again.
The High Court reminded the courts that the burden of proving the case under the criminal law is on the prosecution. The crime branch is waiting for the stand of the court after the investigation is over.
JB Paul