CBI Special Court to deliver judgment tomorrow
A special court here, constituted solely to try cases charge-sheeted by the Central Bureau of Investigation (CBI), on Monday found the four men accused of sexually exploiting a teenage girl, Sari, guilty of the various charges levelled against them.
Central Bureau of Investigation Special Court Judge T.S.P. Moosath will pronounce the sentence in the ‘Kiliroor sex scandal' case on February 8.
Those found guilty by the court are S.H. Praveen, S. Manoj, S. Binu alias Kochumon, and Prasanth.
The court acquitted Somanathan alias Soman, who the CBI had arraigned as the seventh accused in the case on the charge of abetting the crime. The court said the CBI failed to prove that Soman had intentionally aided the suspects.
The court found the men guilty of criminal conspiracy, cheating, gang rape, and criminal intimidation under Sections 120 (B), 420, 376 (2) (g), and 506 respectively of the Indian Penal Code.
The court found them not guilty of offences under Section 366 A, “procreation of minor girl” with the intention to seducing or forcing her into illicit intercourse. The court found Latha Nair, the only woman accused in the case, guilty of conspiracy and cheating.
The CBI case was that Omanakutty, Sari's relative, Praveen, and Manoj had entered into a criminal conspiracy to “induce” Sari, a minor girl, to “accompany them with the intent to subject her to illicit intercourse by force or threat”.
The suspects “enticed” Sari from her uncle's house at Perunna with the permission of her parents, which was obtained clandestinely and dishonestly, and with the false promise of landing her a role in television serials produced by Latha Nair.
They took her to Kumily in Idukki district under the pretext of viewing the locations where the “serial” would be filmed. The prosecution case was that the accused gangraped Sari, after intoxicating her by slyly serving her fruit juice mixed with alcohol, at the PWD Rest House there on August 8, 2003, with the connivance of Omanakutty and Latha.
The CBI made Omanakutty the first accused in the case. (The court subsequently pardoned her after she turned approver and prime prosecution witness in the case.)
The CBI's case was that the accused had sexually exploited Sari at different places, including Guruvayur and Palani in Tamil Nadu, for nearly a year.
She subsequently gave birth to a girl at a private hospital in Kottayam on August 15, 2004. Sari developed intestinal problems in August 2004 and underwent “laparoscopy and laparotomy” at the hospital. She died on November 13, 2004.
On November 14, 2004, the heads of departments of forensic medicine of Thiruvananthapuram, Alappuzha, and Kottayam medical college hospitals conducted a post-mortem examination on her body. They concluded that Sari had died due to “septicaemia”.
The CBI tested a “leftover” sample of her blood at the Central Forensic Science Laboratory, Hyderabad. The laboratory found the presence of copper (0.42 mg/100 ml) in her blood sample.
Mr. Moosath observed that the prosecution had no case that Sari's death had got any connection with the alleged offences committed by the accused persons. The CBI conducted a DNA test that found that Praveen was the father of Sari's daughter. There was no dispute regarding these facts, the court said.
Omanakutty had earlier told the court that she found Sari crying in her room at the PWD rest house at Kumily and the girl had told her that the accused men, except Soman, had raped her “turn by turn”.
CBI Special Prosecutor K.P. Sateeshan prosecuted the case. The agency's special unit in Chennai charge-sheeted it. The CBI took over the case on January 27, 2005.
Seventh accused in the case acquitted Woman accused found guilty of conspiracy, cheating
Seventh accused in the case acquitted
Woman accused found guilty of conspiracy, cheating