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The SC stayed the trial in the criminal case in which Malayalam cine actor Dileep is accused of hatching the conspiracy behind the abduction and sexual assault of an actor in 2017.
The division bench comprising of Justice A M Khanwilkar and Ajay Rastogi has posted the matter in July after summer vacations.
Before filing the petition in the Supreme court both the trial court and HC denied the prayer holding on to the view that memory card was not a document within the meaning of Section 207 of the Code of Criminal Procedure which must be handed over to the accused, rather it was held to be a material object.
The Kerala HC dismissed the plea on the grounds that memory card, in this case, amounted to a material object and not documentary evidence.
Moreover, it was allegedly said that Dileep and his lawyers have already watched the visuals in which were there in the memory card.
Further, it was clearly said that the memory card itself is the end product of the crime. It is hence the material object and not documentary evidence. Therefore it stands out of the ambit of Section 207 of the Code of Criminal Procedure.
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