Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal

Notably, he was acquitted by the POCSO court last year in the rape and murder of a 5 and a half year old girl at Vandiperiyar town in Idukki district in 2021. The Trial Court had concluded that the prosecution case was entirely based on circumstantial evidence and they were unable to establish circumstances to prove the guilt of the accused. It also pointed out defects in the investigation of the case.

The family of the victim were Estate workers in Vandiperiyar, Idukki who lived in a lane building and the accused also resided in an adjacent room in a nearby lane building.

The State had preferred an appeal against the order of the trial court. In that case, Arjun had sought time to file counter to assure that he is not intending to travel abroad. The case was posted on 12^th December. On 12^th, the counsel for the accused sought further time and the case was posted on 17^th. When the case was taken up on 17^th December (Tuesday), the counsel informed the Court that he has got instructions from Arjun to not appear on his behalf and that the accused was making alternate arrangements.

The Division Bench of Justice P. B. Suresh Kumar and Justice Jobin Sebastian observed that the accused had not made any alternate arrangements for appearance before the Court. On this observation, the Court asked Arjun to appear before Kattappana Pocso Court and execute a bond of Rs. 50,000 with 2 solvent securities within 10 days.

The Court directed the Pocso Court to issue a Non-Bailable Warrant against the accused if such bond is not executed. The Court said that thereafter, he shall be released on bail only on execution of the bond and on conditions to ensure that he does not leave the jurisdiction of the High Court

Case Title: State of Kerala v XXX

Case No: Crl. A. No. 3 of 2024