Kochi: Kerala High Court on Wednesday set aside a POCSO court verdict acquitting the three accused in the sexual assault and murder of two minor sisters in Palakkad district in 2017. It has also ordered a retrial in the sensational case while considering the appeals filed by the children's mother and the state government.
The Division Bench comprising Justices A Hariprasad and M R Anita also ordered the prosecution to approach the lower court for filing application for further investigation, if needed.
It observed that there were serious lapses in the investigation and that the entire matter needs fresh consideration.
"We are constrained to observe that the initial part of the investigation into this case was utterly disgusting. The probe officer, deputed to investigate into 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 trial by the POCSO Court and pointed out the need for special training for the POCSO Court judges.
A court set up under the Protection of Children from Sexual Offences Act had acquitted V Madhu, M Madhu and Shibu for lack of evidence on October 25, 2019. The court had acquitted another accused, Pradeep Kumar, earlier for the same reason. Pradeep Kumar was later found hanging in his house on November 4, 2020.
The three accused have been ordered to be present before the trial court on January 20.
The older girl, who was 13 years old, was found hanging at her home in Walayar town on January 13, 2017. On March 4 that year, her nine-year-old sister was found dead in the same manner. Autopsy reports revealed that the sisters had been sexually assaulted.
Both girls were found hanging from the same spot of their dilapidated house at Shelvapuram in the district. The dead bodies were found at a height of 8 feet from the ground and questions were raised as to how a nine-year-old girl could kill herself from a such height.
However, the police pointed out that a cot was placed right beneath the spot and the ropes were not properly tied. The cops contended that if it had been a murder, the rope would not have been tied in such a sluggish manner.
The police surgeon, who had examined the spot after the nine-year-old girl's death, had also termed it as a case of suicide.
The police had initially arrested five people, including the children's relatives M Madhu and V Madhu and their father's friend Shibu. The accused were slapped with charges of POCSO and the Prevention of the Atrocities towards Scheduled Caste/Tribe Act and abetment of suicide.
A 17-year-old neighbour was among the five arrested. However, the teenager, who was let off by the cops after questioning, was later found dead.
The Walayar sexual assault case had equally put the state government and police in a tight spot.
After lapses were found in the first phase of investigation, department-level action was taken against Walayar SI, CI and DySP, who had conducted the preliminary investigation. Later, ASP G Poonkuzhali and M J Sojan led the investigation.
