On Thursday (14th December), a Kerala court acquitted 24-year-old DYFI worker Arjun who was the sole accused in the rape and murder of a 6-year-old girl in Vandiperiyar town in the Idukki district of Kerala in 2021. The court acquitted the 24-year-old accused citing lack of clinching evidence and “glaring lapses” in the investigation of this case.
The judgment of the POCSO court
A bench of special judge Manju V in the POCSO court in Kattappana said that the prosecution failed to prove the case against the accused and was based solely on circumstantial evidence which could not be established to prove the accused guilty.
The court said, “In the result, the accused is found not guilty for the offences punishable under sections 449 (house trespass to commit an offence punishable with death), 376(2)(n) (punishment for committing rape repeatedly on the same woman), 377 (unnatural offences), 376A (punishment for causing death by rape), 376AB (punishment for rape on woman under 12 years of age), 302 (punishment for murder) of Indian Penal Code and under sections 5(i), (j)(iv), (l) and (m) (aggravated penetrative sexual assault) read with section 6 (punishment for aggravated penetrative sexual assault) of Protection of Children from Sexual Offences Act (POCSO) and he is acquitted under section 235 Criminal Procedure Code.”
Agony of the victim’s family
The victim’s family members had an emotional breakdown after listening to the judgment. Outside the court, the child’s grandmother said, “The girl was born to her parents after a 14-year wait. However, he (Arjun) killed her ruthlessly and hung her in our prayer room. How can we forgive him? If this happened to your child, would you be able to endure the pain? Where is the justice?”
The victim’s mother said, “It remains a reality that my child was killed, but she is devoid of justice. We were not having a child for 14 years. She was killed, right? People in the locality know things he has done. He is acquitted. He is going to have a happy life. We lost our child, right? We will not go for appeal and will seek justice in our ways.”
The incident took place in June 2021
On 30th June 2021, the dead body of a six-year-old girl was discovered, strangled, in Vandiperiyar’s Churakkulam estate. During the tragic incident, the parents were away at work. A post-mortem examination unveiled that she had endured sexual torture before her death. Accused Arjun was apprehended by the police, who asserted that he had been subjecting the young girl to abuse since she was three years old.
Heading the investigation was Vandiperiyar Circle Inspector TD Sunil Kumar, and the chargesheet was officially filed on 21st September 2021. Arjun was charged under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. The trial commenced in May 2022, involving the scrutiny of 48 witnesses and the submission of over 69 documents and 16 pieces of evidence. According to reports, the trial encountered a setback when a new judge assumed control, impacting the prosecution’s momentum.
The arguments
The prosecution contended that the accused had been engaging in sexual exploitation of the girl since she was three years old, enticing her with chocolates. The perpetrator, closely associated with the girl’s family, subjected her to abuse during the times when both her parents were away for work.
As per the police, the accused admitted to molesting the girl and causing her death by hanging when she lost consciousness. The investigative team further asserted that he had a porn addiction and had subjected the girl to molestation on multiple occasions over a three-year span.
Defense attorney SK Adityan asserted that the police deliberately arrested and charged an innocent individual solely due to his affiliation with DYFI. He said, “Due to improper probe by the police, a youngster lost two precious years of his life. He was ill-treated, assaulted and forcibly made accused.”
Adityan argued that as Arjun was not the actual culprit, the prosecution failed to present compelling scientific evidence, leading to a favorable verdict in his client’s favor. He said, “We will demand a detailed probe to nab the real culprit and seek compensation for the physical and mental hardship Arjun faced.”
Public prosecutor Sunil Maheswar Pillai said, “The accused got enough time to destroy evidence. There was a dearth of DNA samples to ascertain he committed the crime. There were no lapses by the probe team.”
Observations of the court
The Court dismissed the notion of suicidal hanging, emphasizing that a victim of such tender age could not have contemplated suicide. Additionally, the Court highlighted that the injury on the victim’s private parts provided evidence of recent sexual assault. It affirmed that the prosecution successfully demonstrated the victim’s death as a result of homicide.
However, the court pointed put that the prosecution relied solely on the circumstantial evidence and could not prove that the accused killed the victim. The circumstances cited by the prosecution were about the accused luring the victim using chocolates, statements given to police and subsequent discovery, scientific evidence, and past conduct of the accused.
The Court determined that the prosecution failed to establish that the accused had bought chocolates to offer to the victim on the purported day of the incident. It observed that the accused’s statement did not reveal any new admissible facts under Section 27 of the Evidence Act. Furthermore, the Court remarked that the scientific evidence gathered in the case was insufficient to substantiate the guilt of the accused.
The Court clarified that the statements made by the accused to the prosecution witnesses alone did not qualify as relevant conduct under Section 8 of the Evidence Act. It underscored that the actions of the accused were insufficient to establish guilt and prove his involvement in the alleged crime.
Reactions by political parties
BJP and Congress protested against the verdict. Both the parties alleged that the ruling CPM attempted to save its worker Arjun. Even the CPI, an ally of the ruling LDF alongside the CPM, expressed astonishment at the verdict. The CPM pledged to offer the necessary legal assistance to the family of the girl.
BJP district general secretary B S Ratheesh said that the CPM was trying to save the accused right from the beginning. He said, “CPM MLA Vazhoor Soman intervened initially to prevent the child’s autopsy. The verdict shows the prosecution failed to produce necessary scientific evidence, which hints at political intervention to protect the accused.”
In response to this allegation, CPM MLA Vazhoor Soman said that some people were spreading false news against him. He said He mentioned that on August 2021, he wrote to the CM, urging the appointment of a public prosecutor, leading to the designation of Sunil Maheswar Pillai on 31st August. He said, “The verdict has come against expectations. I have written to the CM again demanding re-investigation.”
UDF district chairman Joy Vettikuzhy said, “The police could not file the FIR properly due to political pressure. The leaders and cops who worked to protect the accused do not deserve forgiveness from the public.”
Former DYFI Peermade block secretary Ramaraj said that the accused Arjun was never an active member of DYFI. He said, “He only took part in some relief works held under the leadership of DYFI Churakkulam unit in 2018. The party, be it DYFI or CPM, will never support someone who did cruelty to a girl child.”
CPI Idukki district secretary K Saleem Kumar expressed that the verdict was shocking. He said, “Even before the court pronounced the verdict, the girl’s parents and defence lawyer had said the accused will be acquitted. There is mystery in their statements and the court’s verdict. We demand the HC’s intervention and a re-investigation to ensure justice to the family.”
CPM district secretary CV Varghese said, “The court acquitting the accused was unfortunate. We will do whatever is possible for a re-investigation.” He said that the party will provide all legal support to the girl’s family.
High court has sought clarification in this case
The High Court demanded an explanation for the serious lapse on the part of the police in preparing the charge-sheet for the case involving the torture and subsequent strangulation of a six-year-old girl. It noted that the police had neglected to charge the accused under the Scheduled Castes – Scheduled Tribes Prevention of Harassment Act and sought clarification from the government regarding the deficiency in the police’s investigation.
Suspicions arose due to the omission of certain clauses in the charge-sheet, which are crucial for securing the maximum punishment for the accused. Furthermore, the police disregarded the plea from the girl’s family to include Section 325 of the SC-ST Prevention of Atrocities Act, which should have been applied in cases of rape against a Scheduled Caste girl. Consequently, the family of the girl has forfeited the financial assistance they were supposed to receive from the government.