It was contended that the fundamental right of the petitioner to a fair trial and her right to privacy guaranteed under Article 21 of the Constitution were violated.
The plea submitted that the visuals of the assault suffered by the petitioner was leaked even though the same was stored in a memory card which was in the custody the court which is conducting the trial in the case.
The survivor further alleged that even though the Forensic Science Lab submitted a report confirming the illegal leak, the presiding officer of the trial court has not taken any action or permitted the court staff to be interviewed by the investigating officer.
“The illegal access tampering transmission of the contents of the memory card while it is in the custard custody of the court also attracts offenses punishable under Section 201, 204 of the Indian Penal Code and also section 67A of the Information Technology Act 2000 which are cognizable offenses to be investigated by the police,” the plea said.
The survivor, therefore, sought the interference of the High Court to ensure a fair and impartial investigation and trial.
Source: Barandbench
