Walayar Rape-Death Case: Kerala High Court Grants Interim Protection From Coercive Steps To Victims' Parents

The parents had moved the High Court to quash the CBI chargesheet after they were named accused in the case for allegedly abetting the rape on the children. They have also raised issue with the CBI's conclusion that the children died by suicide.

Today, when the matter came up, Justice C. Jayachandran was of the opinion that it requires detailed hearing and posted it after summer vacation. Meanwhile, interim protection is granted.

The CBI has submitted the chargesheet before the CBI Court Ernakulam which sought the parents appearance on April 25^th. The High Court today dispensed with personal appearance of the parents.

Background

In the Walayar case, two sisters, aged 13 and 9 years, belonging to the Scheduled Case community, were found hanging in their one-room house on separate days within a span of 3 months in 2017. Post-mortem reports disclosed that they were subjected to rape before their deaths. The post-mortem report of the younger girl even suggested the possibility of homicidal hanging. The Special POCSO Court acquitted all the accused in 2019. The Court held that the prosecution failed to prove the allegation. The Court also noticed the absence of scientific evidence.

The details of the judgment by the Special POCSO Court, Palakkad can be read here, here and here.

Against this, an appeal was preferred by the State Government. The High Court allowed the appeal and ordered a re-trial. Later, investigation of the case was handed over to Central Bureau of Investigation (CBI).

The initial chargesheet submitted by the CBI was quashed by the PoCSO Court, Palakkad on the mother's plea and the Court directed CBI to further investigate the matter. In January 2025, the CBI submitted a fresh charge sheet before the CBI Court, Ernakulam.

The petition was moved by Advocate P. V. Jeevesh

Case Title: XXX and Another v The Central Bureau of Investigation and Others

Case No: Crl.MC 2885 of 2025 & Other Connected Cases 

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