Kerala HC scraps acquittal of accused in Palakkad sisters rape, death case; orders re-trial

The case assumed political significance as the accused were local CPM activists

The Kerala High Court on Wednesday ordered re-trial into the rape and death of two minor sisters at Walayar near Kerala-Tamil Nadu border in Palakkad district, setting aside a POCSO court in 2019 order acquitting the accused.

The case assumed political significance as the accused were CPM local activists. The parents of the victims have been staging indefinite stir seeking justice.

The sisters, aged 13 and nine were found hanging in their one-room thatched house in a gap of around 50 days in 2017 January 13 and March 4. Medical reports of the deceased indicated sexual assault on the children. The state police filed chargesheet against the accused for rape and abetting suicide. The accused were local people having close connections with the family.

A POCSO court in Palakkad acquitted all the accused in the case in 2019. Subsequently, the parents of the victims, who are from the dalit community, launched an indefinite stir alleging that the case was sabotaged owing to political influence of the accused. The prosecution filed appeal against the acquittal.

Of the four accused in the case, Pradeep Kumar, died in a suspected case of suicide last year. The High Court directed the other three accused, Madhu alias Valiya Madhu, Madhu alias Kutty Madhu and Shibu, to appear before the trial court on January 20.

A division bench of the HC comprising justices A Hariprasad and M R Anitha found serious lapses in the investigation and maintained that the prosecution may seek further investigation in the case if required. The initial investigation officer of the case was also severely criticised by the court for failing in collecting evidence. Expressing dissatisfaction over the trial at the POCSO court, the court said that special training was required for POCSO court judges.

Though the parents of the victims were demanding a CBI probe into the case, the Kerala government had not yet met the demand. A judicial probe was conducted.