Walayar rape victims’ mom strikes Kerala HC for motion beneath SC/ST Act in opposition to former IO
6 min readBy PTI
KOCHI: A plea has been filed within the Kerala High Court by the mom of the victims within the Walayar rape case looking for motion beneath the SC/ST Act in opposition to a former investigating officer (IO) for his allegedly “disgraceful” and “derogatory” remarks about her deceased daughters.
The courtroom on Wednesday adjourned the case to July 20 and in addition appointed an amicus curiae to help it within the matter.
The victims’ mom, in her plea filed by way of advocate P V Jeevesh, has challenged a periods courtroom order which didn’t take cognisance of the offence beneath the SC/ST (Prevention of Atrocities) Act claimed to have been dedicated by the officer in accordance with the lady’s grievance.
The periods courtroom had solely taken cognisance of the offence beneath part 23(1) of the Protection of Children from Sexual Offences (POCSO) Act, the lady’s plea has stated.
Section 23(1) of the POCSO Act states that “no person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy”.
The petition has claimed that the investigating officer, who was heading the Special Investigation Team, throughout the trial of the case by a particular courtroom “intentionally made a comment, through a prominent visual media, which tends to lower the reputation, privacy and dignity” of the minor women and their mom and “intentionally insult and humiliate” them.
It has contended that the periods courtroom order, to the extent it doesn’t take cognisance of the offence beneath the SC/ST Act, was “palpably wrong, manifestly erroneous and demonstrably unsustainable”.
The girl has urged the High Court to put aside the May 11, 2022 order of the periods courtroom to that extent and to direct it to rethink her grievance afresh with regard to the offence beneath the SC/ST Act.
The similar order has already been challenged by the previous investigating officer for taking cognisance of the offence beneath the POCSO Act and that matter too is pending within the High Court.
The particular courtroom had in August final 12 months directed the CBI to hold out additional investigation into the case.
The women, who had been siblings, had been discovered useless beneath mysterious circumstances of their hut inside a span of practically two months in 2017 after their alleged sexual assault.
The eldest of the siblings, aged 13, was discovered hanging inside their hut on January 13, 2017 and her nine-year-old sister had died on March 4, 2017, in the identical method.
Though the mom had alleged that it was a case of homicide, Walayar police got here to the conclusion that the women had been sexually abused in an unnatural approach by 5 individuals together with a juvenile for practically one 12 months until they had been pressured to die by suicide by the accused by trespassing into their dwelling.
Allowing appeals filed by the state authorities and the mom of the kids, the High Court ordered a retrial within the case in January 2021, observing that there have been “serious lapses” within the investigation and that there had been a “miscarriage of justice”.
The High Court had additionally put aside an October 2019 order of the particular courtroom beneath the POCSO Act acquitting the 5 accused for need of proof.
A public outcry and protests had erupted within the state after the acquittal of the accused, looking for justice for the household of the women.
The LDF authorities had handed over to the CBI the probe into the demise of the 2 sisters shortly after the Kerala High Court ordered a retrial within the sensational case.
However, a chargesheet, submitted by the CBI earlier than the POCSO courtroom in December 2021, additionally stated that the women had died by suicide after they had been sexually molested.
KOCHI: A plea has been filed within the Kerala High Court by the mom of the victims within the Walayar rape case looking for motion beneath the SC/ST Act in opposition to a former investigating officer (IO) for his allegedly “disgraceful” and “derogatory” remarks about her deceased daughters.
The courtroom on Wednesday adjourned the case to July 20 and in addition appointed an amicus curiae to help it within the matter.
The victims’ mom, in her plea filed by way of advocate P V Jeevesh, has challenged a periods courtroom order which didn’t take cognisance of the offence beneath the SC/ST (Prevention of Atrocities) Act claimed to have been dedicated by the officer in accordance with the lady’s grievance.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );
The periods courtroom had solely taken cognisance of the offence beneath part 23(1) of the Protection of Children from Sexual Offences (POCSO) Act, the lady’s plea has stated.
Section 23(1) of the POCSO Act states that “no person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy”.
The petition has claimed that the investigating officer, who was heading the Special Investigation Team, throughout the trial of the case by a particular courtroom “intentionally made a comment, through a prominent visual media, which tends to lower the reputation, privacy and dignity” of the minor women and their mom and “intentionally insult and humiliate” them.
It has contended that the periods courtroom order, to the extent it doesn’t take cognisance of the offence beneath the SC/ST Act, was “palpably wrong, manifestly erroneous and demonstrably unsustainable”.
The girl has urged the High Court to put aside the May 11, 2022 order of the periods courtroom to that extent and to direct it to rethink her grievance afresh with regard to the offence beneath the SC/ST Act.
The similar order has already been challenged by the previous investigating officer for taking cognisance of the offence beneath the POCSO Act and that matter too is pending within the High Court.
The particular courtroom had in August final 12 months directed the CBI to hold out additional investigation into the case.
The women, who had been siblings, had been discovered useless beneath mysterious circumstances of their hut inside a span of practically two months in 2017 after their alleged sexual assault.
The eldest of the siblings, aged 13, was discovered hanging inside their hut on January 13, 2017 and her nine-year-old sister had died on March 4, 2017, in the identical method.
Though the mom had alleged that it was a case of homicide, Walayar police got here to the conclusion that the women had been sexually abused in an unnatural approach by 5 individuals together with a juvenile for practically one 12 months until they had been pressured to die by suicide by the accused by trespassing into their dwelling.
Allowing appeals filed by the state authorities and the mom of the kids, the High Court ordered a retrial within the case in January 2021, observing that there have been “serious lapses” within the investigation and that there had been a “miscarriage of justice”.
The High Court had additionally put aside an October 2019 order of the particular courtroom beneath the POCSO Act acquitting the 5 accused for need of proof.
A public outcry and protests had erupted within the state after the acquittal of the accused, looking for justice for the household of the women.
The LDF authorities had handed over to the CBI the probe into the demise of the 2 sisters shortly after the Kerala High Court ordered a retrial within the sensational case.
However, a chargesheet, submitted by the CBI earlier than the POCSO courtroom in December 2021, additionally stated that the women had died by suicide after they had been sexually molested.
