Kerala High Court orders re-trial in Walayar case

Observing serious lapses in the investigation, the Kerala High Court has ordered a retrial in the Walayar case. The HC stated the lower court verdict was "absolutely perverse and wholly unsustainable."

Kochi:The Kerala High Court on Wednesday ordered a re-trial in the Walayar case in which two minor sisters were found dead in their hut in 2017 after allegedly been sexually assaulted.

A Division Bench of Justices, A Hariprasad and M R Anitha permitted the appeals filed by the state government and the mother of the children and set aside a Special Protection of Children from Sexual Offences (POCSO) Court order acquitting five accused in the case.

The Court directed the accused to appear before the trial Court on January 20. It observed that there were serious lapses in the
investigation and that the entire matter needs fresh consideration.

The Court also allowed the prosecution to seek permission from the trial court for further probe into the matter. "We are constrained to observe that the initial part of the investigation into this case was utterly disgusting. The probe officer, deputed to investigate the case, failed to gather any proper scientific evidence even after a week after the death of the younger girl," the Court observed.

The Bench expressed dissatisfaction in the manner of conduct of the trial by the POCSO Court and pointed out the need for special training of the POCSO Court judges. The eldest girl, aged 13, was found hanging in the hut on January 13, 2017 and the younger sister (aged 9) on March 4.

Both were allegedly sexually assaulted. However, a special POCSO court in Palakkad had, in October 2019, acquitted the five accused due to lack of evidence. Days after the acquittal, the government had, on November 18, removed the Public Prosecutor who handled the case.

Later, the government filed an appeal in the High Court challenging the acquittal, saying the lower court verdict was "absolutely perverse and wholly unsustainable."

PTI