Kerala High Court Directs CBI investigation into Walayar Rape And Death Cases

A Single Bench of Justice VG Arun issued the Order after considering the State Government's recommendation for a probe by the central agency.

"There cannot be any further delay in commencing the investigation. Hence, the Central Bureau of Investigation (4th respondent) is directed to take over the further investigation in Crime Nos.43/2017 & 240/2017 of Walayar Police Station forthwith," the Court stated.

At the previous hearing, the State Government had informed the Court that it was not averse to a probe by the CBI into both the cases of assault.

However, the Assistant Solicitor General told the Court that further details than those provided would have to be furnished along with the State's consent to the cases being investigated by the CBI.

The Kerala Government had, last year, withdrawn general consent to CBI investigations in the state. Now, any investigation can be carried out in Kerala only with the consent of the state authorities.
After the Court was informed that all necessary information had been provided and that the Centre would take a decision on handing the investigation over to the CBI, the Court noted that the investigation into the case would have to begin "forthwith".

With this direction, the Court disposed of the petition.

The petition for a CBI investigation monitored by the Court was moved by the mother of the victims of the Walayar sexual assault cases.

She approached the High Court in February this year seeking seeking a CBI probe into the sexual assault of the second child as well. The State had directed a CBI Investigation only in respect of the assault of the elder child.
In October 2019, a Special POCSO Court at Palakkad had acquitted four persons who were accused of rape and murder to two sisters, aged 13 and 9. The acquittal verdict had caused much outrage in the Kerala civil society, with serious criticism of miscarriage of justice during trial.

The elder sister, aged 13, was found hanging in her house on January 13, 2017. Within two months, the younger sister, aged 9, was also found hanging in her house on March 4, 2017. Both of them belonged to Scheduled Caste community. As per the postmortem reports, both the girls were subjected to sexual assault. The autopsy report in the case of the younger girl even suggested the possibility of homicidal hanging.

In January, the Kerala High Court ordered re-trial in the case relating to the rape-death of two minor girls of Dalit community in Walayar, Palakkad district.

Allowing the appeals of the State Government, a division bench comprising Justices A Hariprasad and MR Anitha set aside the acquittal of the accused.