Sunday, June 20, 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

Exclusive: Ex-lecturer narrates her 13-year battle against her sexual predators protected by Chennai’s Loyola College administration

It's been 13 years since Josephine has been fighting against the mighty administration of Loyola College, Chennai, but to no avail

Exclusive: Agitators not farmers but criminals, says wife of victim burnt alive at Tikri border, farmers harass woman of village, says sarpanch

Haryana police arrested one of the main accused named Krishna who allegedly set Mukesh ablaze at the Tikri border

OBC benefits for Muslims: How WB Police’s recruitment drive has exposed how parties found a way to make religious reservations

The drive was meant to fill vacancies in the OBC-A category in the state. The list showed that apart from one or two individuals, all of them were Muslims.

Exclusive details: Here are some of the points that the Parliamentary Standing Committee, headed by Shashi Tharoor, raised with Twitter

Indian officials of the microblogging site Twitter were questioned by the Parliamentary Panel on Information Technology on various issues.

Netizens trend #SuspendUrbanDictionary, UP police takes cognisance of the insulting ‘definition’ of Mayawati by one Nazia Khan: What happened

On Friday, Urban Dictionary sparked a furore on Twitter after it described Bahujan Samaj Party (BSP) leader Mayawati as an "unmarried pornstar".

Kerala Congress President K Sudhakaran hatched a plan to kidnap my children says Kerala CM Pinarayi Vijayan: Here is the full story

Kerala CM Pinarayi Vijayan has claimed that the newly-coronated Kerala PCC President K Sudhakaran had planned to kidnap his children

Recently Popular

Republic TV issues statement over Arnab Goswami’s disappearance from the news network: Here is what they said

Arnab Goswami was last seen on May 2 during a discussion on West Bengal assembly polls. He will make a return on Monday.

Pakistani audience go ballistic over Zee5 web series featuring Muslim girl-Indian Hindu boy love story, call it ‘haram’

The Pakistani web series features the love story between a Pakistani Muslim girl and Indian Hindu boy who have both lost their fathers to the conflict between the two nations.

TISS research paper calls Kashmir ‘India occupied’, blames Indian Army for domestic violence in Kashmiri society

A dissertation paper by a student at TISS-Hyderabad has come under the scanner for calling Kashmir "India occupied Kashmir".

‘Muslims must kill 4-6 persons before dying’: Congress’ new minority cell head Imran Pratapgarhi and his hate-filled ‘shayari’. Details

The newly appointed Congress minority cell head Imran Pratapgarhi is believed to be the favourite of Priyanka Gandhi Vadra.

Dhruv Rathee fans mark YouTuber Karolina Goswami for targeted harassment after she exposed his lies

After Karolina Goswami pointed out the factual errors and mistakes in the Dhruv Rathee video, Rathee's supporters have been harassing and abusing Goswami.
- Advertisement -

 

Connect with us

255,564FansLike
554,661FollowersFollow
24,400SubscribersSubscribe