In a major turn to the Wayalar sisters case, the Kerala government on Wednesday filed an appeal to Kerala High Court asking for the lower court's judgement to be set aside or to allow further investigation in the case. A similar appeal has also been filed in the High Court by the parents of the deceased girls against the acquittal of the accused.
Within a gap of two months in 2017, two sisters aged 13 and nine were found dead at their one-room home in Walayar in Palakkad district. After their post mortem, it was reported that both girls had been sexually assaulted.
Noting that the lower court’s impugned judgment acquitting the accused suffers from “illegality, manifests errors and perversity,” the state government has appealed to the High Court to set aside the acquittal judgement or order for further investigation. Meanwhile, the family has appealed for a fresh trial as well as the appointment of a new Special Public Prosecutor.
It is important to note that the government is seeking further investigation into the case and not a re-investigation. A further investigation would mean that the existing investigation is valid. A re-investigation would however mean that the current investigation becomes invalid and a new investigation would begin.
Five persons, including a minor, were accused in the case, but four of them were acquitted by the Palakkad sessions court due to lack of evidence presented in court. At present, the appeal filed by state government and the mother of the children pertains specifically to the acquittal of the accused V Madhu in 13-year-old girl’s death.
Both appeals filed by the child's mother and the government allege that the trial court had major shortcomings while considering the case. “The impugned judgment of acquittal passed by the appellate court suffers from illegality, manifest errors as well as perversity, warranting interference at the judicious hands of the High Court in the interest of justice on substantial and compelling reasons,” according to both appeals.
The Kerala government in its appeal specifically states that the lower court “ignored valuable evidence” given by one of the witnesses to whom the elder sister, before her death, had confided that she was sexually assaulted by V Madhu.
The appeal stated that the lower court wrongly observed the evidence of the parents “regarding the presence of the accused in their house when the victim was alone is unbelievable." Notably, the state government has also mentioned that the “prosecution could establish the guilt of the accused beyond reasonable doubt by clinching evidence of prosecution witnesses, including the parents of the girl.” Police lapses in probing the case as well as shortcomings of prosecution were widely criticised in the state following the acquittal of the accused.
The appeal filed by parents has stated that the “trial Judge failed to take all possible steps to ensure that the evidence was not falsified, truth was not kept back, and that the accused and his cronies could influence and coerce the witnesses as well as be defended by the Palakkad Child Welfare Committee Chairperson himself, proving the way for failing a prosecution as well as justice.”
Meanwhile, the family’s appeal has also alleged that CPI(M) party members paved way for the escape of the accused in the case. “Though this was a real case of murder, the investigating agency had to succumb to the political pressure and obey its political masters to pave the escape route for the CPI (M) party members,” it said.
Read: