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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

P. Gopalkrishnan @ Dileep v. State of Kerala and Anr.

Criminal Appeal · 2019 INSC 1303Decided 29 Nov 2019
Criminal Appeal No. 1794 of 2019
Justice A.M. Khanwilkar · Justice Dinesh Maheshwari

Background

The appellant, a well-known actor, was accused No. 8 in a case involving a serious sexual assault on a woman in Kerala, where the prosecution's key evidence included video/audio footage of the alleged crime stored on a memory card/pen-drive. When the police report (chargesheet) was supplied to the accused, the prosecution did not give him a cloned copy of this electronic record, FSL reports, CCTV footage, and call data records, citing concerns about victim privacy and potential misuse. The accused sought a direction from the trial court for a full cloned copy so he could prepare his defence, which was partly allowed by the lower courts but not to his satisfaction, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that electronic records such as the contents of a memory card or pen-drive qualify as a "document" under the Evidence Act and must ordinarily be furnished to the accused when the prosecution relies on them, so he can mount an effective defence. However, in cases implicating the privacy and identity of a sexual assault victim, the Court held it is permissible, and sometimes necessary, to balance the accused's fair-trial rights against the victim's right to privacy by allowing only supervised inspection of the sensitive footage (by the accused, his lawyer, and an independent IT expert, without any device capable of copying the content) rather than handing over a full cloned copy. The appeal was partly allowed on these terms, modifying the lower courts' orders, and the Court directed the trial to be concluded expeditiously, preferably within six months.

Lesson Learnt

An accused person's right to see and test the evidence against them is a core part of a fair trial, but courts can and will calibrate how that evidence is accessed (full copy versus supervised inspection) when a victim's privacy and dignity, especially in sexual offence cases, are also at stake.

P. Gopalkrishnan @ Dileep v. State of Kerala and Anr. – Legal Case Shots | LegalAware