Wednesday, January 27, 2021
Home News Reports Kerala HC sets aside trial court judgment acquitting accused in the Walayar minor sisters'...

Kerala HC sets aside trial court judgment acquitting accused in the Walayar minor sisters’ rape case, orders re-trial

The accused had allegedly raped and murdered to two minor sisters. The 13-year-old elder sister was found hanging in her house on January 13, 2017

In a significant judgement, the Kerala High Court on Monday set aside the judgement delivered by Palakkad Special Court to acquit all the accused in Walayar minor sisters’ rape and death case. According to the reports, the Kerala HC, setting the Palakkad court judgement aside, also ordered re-trial in the case. A division bench comprising Justices A Hariprasad and MR Anita has asked the accused to surrender before the trial court on January 20.

The Kerala High Court has also given liberty to the prosecution to seek further investigation in the case. One of the four accused, Pradeep Kumar, had died last year in a suspected suicide. Valiya Madhu, Kutty Madhu and Shibu are the remaining three accused.

The accused had allegedly raped and murdered to two minor sisters. The 13-year-old elder sister was found hanging in her house on January 13, 2017. Within two months, the younger sister, aged 9, was also found hanging at the house. The girls belonged to the Scheduled Caste community.

Observing that there were lapses in the investigation, the Kerala High Court in scathing remarks against Kerala police said, “We are constrained to observe that the initial part of the investigation in the cases was utterly disgusting. The investigating officer, who was deputed to investigate these cases almost a week after the younger girl’s death, failed to gather any proper scientific evidence”.

Palakkad High Court had acquitted the accused

Two years after two minor sisters in Walayar in Palakkad district were found dead in mysterious circumstances, a court in Palakkad in October 2019 had acquitted three persons who were accused of abetment of suicide and rape of the two minor Dalit girls.

A POCSO court in Palakkad had acquitted the accused in the case after the prosecution failed to establish their involvement in the crime. Following the acquittal of the accused, the Kerala government faced severe criticism over the handling of the investigation. It was alleged that the ruling CPI(M) had attempted to stall the investigation, which has led to the acquittal of the accused.

It was accused that the Kerala police under political pressure, allegedly helped the accused evade the conviction by weakening the case. Notably, the accused in the case were CPI(M) workers and the defence lawyer was a local CPI(M) leader.

Following the acquittal, the civil society members across the country, especially in Kerala had expressed massive outrage against the Kerala government. The National Commission for Scheduled Castes (NCSC) had also found lapses from investigating officials in the case. The Kerala CM had said in the Assembly that it would be decided after examinations whether a CBI probe or a re-probe was required or not.

Following the outrage, the Communist government in Kerala led by Pinarayi Vijayan had also decided to file an appeal against the trial court verdict that had acquitted all the accused in the brutal murder and rape of two minor girls.

The Case:

The two minor Dalit girls, who were sisters, were found hanging after being sexually assaulted in January and March 2017 in Attappalam in Walayar, near Kerala’s border with Tamil Nadu. The minor girls belonged to the Scheduled Caste community.

According to the postmortem reports, the girls were subjected to sexual assault. The autopsy report in the case of the younger girl even suggested the possibility of homicidal hanging.

However, the police did not investigate the murder charges and the final report was submitted against four accused – V Madhu, M Madhu, Shibu and Pradeep Kumar for offences of abetment of suicide, rape and unnatural sex under the Indian Penal Code and penetrative sexual assault under the POCSO Act.

Another accused is a juvenile and proceedings against him are progressing in the Juvenile Justice Board.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

 

Related Articles

Trending now

Nirbhaya protests, blaming the govt and other excuses: Here’s how liberals came out to defend the Red Fort siege and the accompanying violence

Left-leaning liberals went on an overdrive to defend the desecration of Red Fort by the tractor rally protesters.

Rajdeep Sardesai lies twice, says ‘farmer’ was killed because the police shot him in the head: Here is the truth

In this way, those who had shared the fake news once would live under the false impression that it was indeed a case of police firing.

Hindus must ask now if their religious flag atop Lal Quila would be an acceptable sight

A lasting visual from this Republic Day, would be one of the Sikh flag unfurled atop the Red Fort, by violent Khalistanis

After violence was unleashed on streets of Delhi on Republic Day, ‘farmer’ body thanks ‘farmers’ for ‘unprecedented participation’

Samyukta Kisan Morcha further claimed that despite their efforts, 'some organisations and individuals' violated route and indulged in condemnable acts.

‘Flag of Khalistan is waving on Red Fort,’ ‘Historic Moment’: All Pakistan Muslim League celebrates “Black Day” for India

The All Pakistan Muslim League (APML) is celebrating the hoisting of the 'Khalistan Flag' at Red Fort on Republic Day.

During Delhi Riots, NDTV cropped stones from rooftop of mosques, now it paints violent mobs in tractor rally as humanitarian

NDTV tried to downplay the chaos by claiming that protesters made way for an ambulance that was stuck in Tractor Rally

Recently Popular

Protesting mob enters Red Fort, unfurl the Sikh flag, Terrorist outfit SFJ had demanded Khalistani flag to be hoisted: Details

The protestors have hoisted the flag on Red Fort that appears to be the Sikh Flag. Some believe it is the Khalistan Flag.

Professor who translated Rahul Gandhi’s “don’t need army if farmers are strong” speech in Erode faints after the speech: Reports

Muhammed Imran, who translated Rahul Gandhi's speech at Erode, collapsed after interpreting the speech from English to Tamil

‘Flag of Khalistan is waving on Red Fort,’ ‘Historic Moment’: All Pakistan Muslim League celebrates “Black Day” for India

The All Pakistan Muslim League (APML) is celebrating the hoisting of the 'Khalistan Flag' at Red Fort on Republic Day.

Here is how Congress and trolls tried to paint a Khalistani accused of spearheading the Red Fort siege as a ‘sanghi’

Deep Sidhu is accused of being responsible for the hoisting of the Sikh flag at Red Fort on Republic Day.

Is it actor Prosenjit Chatterjee in the portrait of Netaji Subhash Chandra Bose inaugurated by President Kovind? A fact check

It was claimed that it was actor Prosenjit Chatterjee in the portrait of Netaji Subhash Chandra Bose inaugurated by President Kovind.

Protesting ‘farmer’ spends Rs 35 lakh to modify his tractor for Republic Day rally

The modified tractor is fitted with huge wheels. It is said to withstand heavy rain and water cannon charge.
- Advertisement -

 

Nirbhaya protests, blaming the govt and other excuses: Here’s how liberals came out to defend the Red Fort siege and the accompanying violence

Left-leaning liberals went on an overdrive to defend the desecration of Red Fort by the tractor rally protesters.

Hundreds of children, artists for Republic Day were stuck at Red Fort crying, terrified by the mob: Reports

Around 200 artists of Republic Day parade were stranded since 12:00 PM near Red Fort. They were rescued by Delhi Police.

Here is how the Uttarakhand Youth Congress celebrated the Red Fort siege, incited violence by spreading fake news about protester death

The Uttarakhand Youth Congress shared a photograph from the Red Fort earlier today after the protesting mob breached its premises.

Here is how Congress and trolls tried to paint a Khalistani accused of spearheading the Red Fort siege as a ‘sanghi’

Deep Sidhu is accused of being responsible for the hoisting of the Sikh flag at Red Fort on Republic Day.

Rajdeep Sardesai lies twice, says ‘farmer’ was killed because the police shot him in the head: Here is the truth

In this way, those who had shared the fake news once would live under the false impression that it was indeed a case of police firing.

Tractor rally: Violence by the mob in Delhi leaves 83 policemen injured, attempt made to mow down Additional DCP with tractor

The tractor rally by farmers and Khalistanis in Delhi where they unleashed violence has left 18 policemen injured

Watch: Protestors throw away Tricolour, place Sikh flag on top of flag pole at Red Fort

Disturbing visuals emerge from the tractor rally on Republic Day.

Rahul Gandhi and CPIM use Republic Day insurrection to further their political agenda, demand repeal of farm laws

Sitaram Yechury and Rahul Gandhi are attempting to use the Republic Day violence to further the political agenda of their party.

Tractor rally on R-Day: Not just swords, violent protestors have come loaded with liquor too

Earlier, some violent protestors were seen attacking Delhi Police personnel with swords and trying to run them over with tractors.

Hindus must ask now if their religious flag atop Lal Quila would be an acceptable sight

A lasting visual from this Republic Day, would be one of the Sikh flag unfurled atop the Red Fort, by violent Khalistanis

Connect with us

245,563FansLike
496,912FollowersFollow
23,000SubscribersSubscribe