The parents of the two minor Dalit victims in the 2017 Walayar rape case have approached the Kerala High Court to quash the Central Bureau of Investigation (CBI) charge sheet against them. Calling it a “classic example of biased investigation”, they alleged that the CBI “ignored key forensic evidence” and filed “perfunctory charge sheets” against them. They have also requested a fresh investigation, including a probe into the possibility of homicide.
It was in 2017 that the two minor sisters were found dead inside their house in Walayar of Kerala’s Palakkad district, two months apart. It later emerged that they were sexually assaulted before their deaths. The parents of the girls were named as accused in the charge sheet filed by the CBI on January 9, earlier this year. They were charged with abetment of rape and suicide. The five men accused of rape, including one juvenile, were known to the family of the girls and it was alleged that the parents did not actively prevent the assault.
The parents’ petition details serious lapses in the investigative process, stating that the CBI disregarded forensic evidence, including post-mortem reports and expert opinions that suggested possible homicidal deaths.
The petition also highlights the suspicious deaths of key accused and witnesses in the case, including Pradeep Kumar and John Praveen, both of whom died under mysterious circumstances. The CBI charge sheet, the petition alleges, is based on weak circumstantial evidence and extrajudicial confessions obtained under questionable conditions.
The parents, who have been vocal in seeking justice for their daughters, have requested the High Court to quash the CBI charge sheet and all proceedings against them, while further investigation is conducted. They also alleged that deaths of people from marginalised communities like theirs are not taken seriously by the investigative agencies.
The case gained national attention after the initial trial in 2019 resulted in the acquittal of all accused due to what the petitioners describe as a “botched-up investigation, incompetent prosecution, and inefficient trial adjudication.”
Following public outcry, the Kerala High Court ordered a retrial in 2021, and a Thiruvananthapuram unit of the CBI took over the investigation. Its finding, which said the girls died by suicide due to constant sexual assault, was dismissed by the Kerala HC in 2022, calling it “old wine in a new bottle”. A second probe was ordered by the court, and on March 5, the parents of the girls were arraigned as accused.
The case is expected to come up for hearing in the coming days.