XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) A South Indian film actress, who was subjected to gang rape and sexual harassment, is before the Court complaining that the sexually explicit videos allegedly recorded by the culprits, which were seized and produced before the Court as evidence and kept in the safe custody of the Court, were unauthorisedly accessed, viewed, copied and transmitted. She apprehends that the contents of the video may be disseminated at any moment. The distress of the victim is beyond imagination.

(2.) The petitioner is the defacto complainant in Crime No.297/2017 of Nedumbassery Police Station. The case was registered based on the First Information Statement given by her on 18/2/2017, alleging that she was subjected to gang rape and sexual harassment. The Police submitted the final report before the jurisdictional Magistrate, which committed the case to the Sessions Court, Ernakulam. The case is now pending as Sessions Case No.118/2018 before the Principal Sessions Court, Ernakulam.

(3.) The prosecution alleges offences punishable under Ss. 120A, 120B, 109, 342, 366, 354, 354B, 357, 376D, 506(i), 201, 204, 212 and 34 of the Indian Penal Code and Ss. 66-E and 67-A of the Information Technology Act, 2000.