The copy of a memory card with the alleged sexual assault clip of a victim-actress is not a document under Section 207 of the Indian Penal Code (IPC) but a ‘material object’, the Kerala government said on Tuesday while refuting attempts made by Malayalam actor Dileep to get a copy of the memory card.
Appearing before a Bench of Justices A.M. Khanwilkar and Ajay Rastogi, senior advocate Harim Raval, for the State, submitted that there is no requirement to share the memory card with Dileep, who is an accused.
Mr. Raval said the card was seized and produced in the trial court as material object and not a document.
Senior advocate Mukul Rohatgi, for actor Dileep, countered that the term 'document' has a wide connotation. ‘‘A 100 years ago an inscription on a tombstone was considered a document by courts,’’ Mr. Rohatgi submitted.
Justice Khanwilkar posted the case to hear Kerala on Wednesday.
The apex court is hearing a plea by Dileep, accused in the kidnapping and sexual assault of the actress, to allow him access to a copy of the memory card.
Mr. Rohatgi submitted that the mandate of a fair trial required him to have a copy of the memory card to prove his innocence.