[Walayar Rape-Death Case] Whether Victims Died Of Suicide Or Were Murdered Yet To Be Examined: Prosection Submits Before Kerala High Court

Further developments ensued in the infamous Walayar case as Kerala High Court on Monday ordered the Central Bureau of Investigation (CBI) to furnish the stage of investigation and the approximate time required to submit the final report in the matter. 

During the proceedings, Justice P. Gopinath was informed by the prosecution that the nature of the victims' deaths was also yet to be ascertained. As such, the Judge observed: 

"The two victims are alleged to have died of suicide. Whether it was a suicide or murder is yet to be examined. In this circumstance, I cannot issue an order."

Counsel appearing for the petitioner, Advocate Sadik Ismayil submitted that bail was the general ruled and that the applicant should be released. 

However, the Court noted that the element of a proper investigation was influential in the case:

"This is a case where you were acquitted by the trial court but a Division Bench of this Court found that the methods utilised by the prosecution were lackadaisical. It was found that several prosecution witnesses had switched sides."

As such, the Court directed the investigating agency to file a report regarding the status and the remaining time needed to file the final report in the case.

The matter has been posted to be taken up on 21st December. 

What is the Walayar Case?

The case involves the unnatural death of two minor Dalit sisters aged 13 years and 9 years on January 13 and March 4, 2017, respectively in Walayar district in Kerala.

The incident came to light after they were found hanging in their one-room house on the respective dates. Post mortem reports disclosed that they were subjected to rape before their deaths.

As per the police case, the girls committed suicide out of intolerable pain and agony caused by the multiple instances of unnatural sex committed on them by the accused.

There were five accused in the case, namely, Madhu alias Valiya Madhu, Madhu M. alias Kutti Madhu, Shibu, Pradeep Kumar M and a minor aged 16 at the time of the offence.

However, the fourth accused Pradeep Kumar allegedly died by suicide in November 2020.

Later on, in a move that infuriated the entire State, a special POCSO court acquitted three of the accused citing a weak case presented by the prosecution. This had sparked a storm of protests in the State with civil society organisations and Opposition parties decrying the police investigation and political interference in the case.

The case had also acquired sensational proportions as the police officers who investigated it initially had faced allegations of helping the accused.

Therefore, the State moved the High Court with appeals seeking a re-investigation in the matter, and the Court set aside the acquittal of the accused, with liberty granted to the prosecution to seek further investigation in the case.

Thereafter, the High Court ordered the Central Bureau of Investigation (CBI) to take up an investigation into the case.

Accordingly, in April this year, the matter was taken up by the Thiruvanathapuram unit of CBI. The CBI thereby filed two separate FIRs in the matter after its probe under the Protection of Children from Sexual Offences (POCSO) Act before a Special Court.

The FIRs also booked the accused under various sections of the Indian Penal Code (IPC) and the SC/ST (Prevention of Atrocities) Act. They were incarcerated soon.

The third accused M. Madhu was granted bail by the High Court.

Later on, Valiya Madhu and Shibu had preferred bail applications before the Additional Sessions Court claiming that they were being incarcerated for more than three months, but they were rejected in June this year.

Also Read: 'Don't Fight A Proxy Battle': Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case

Case Title: Madhu Alias Valiya Madhu v. Central Bureau of Investigation