VidhiSangh

Supreme Court of India · 29/11/2019

G H P. GOPALKRISHNAN @ DILEEP versus STATE OF KERALA AND ANR.

[2019] 17 S.C.R. 422 · 2019 INSC 1303

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Summary

The Court held that relied-on audio-video contents of a memory card were documentary electronic evidence, ordinarily requiring a cloned copy for the accused. In this sexual-offence prosecution, it balanced effective defence with the complainant’s privacy by permitting confidential independent forensic examination and safeguarded court inspection instead of unrestricted delivery. The relevance, proof and admissibility of the recording were not decided. The lower courts’ orders were modified and an expeditious trial directed.

Issues

  1. Whether the memory-card contents were documents requiring disclosure under Section 207 CrPC.
  2. How access should balance effective defence with the complainant’s privacy and identity.

Provisions considered

Held

Result

Appeal and trial-court application partly allowed. Lower courts’ orders modified to permit the confidential independent forensic examination and safeguarded inspection described in paragraphs 37, 38 and 43, rather than unrestricted cloned-copy delivery. Trial directed to conclude expeditiously, preferably within six months.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 422.