A Division Bench of the Kerala High Court on Thursday admitted an appeal filed by the State government challenging the order of the Kattappana POCSO special court, acquitting Arjun, 24, in the Vandiperiyar child rape and murder case.
The Bench comprising Justice P.B. Suresh Kumar and Justice Johnson John also issued notice to Arjun while admitting the appeal. The State government contended in its appeal that the special court had miserably failed to appreciate the evidence produced by the prosecution in its correct perspective and the acquittal of the accused was against the evidence.
The government said the special court went wrong in analysing the FSL report and discarded evidence provided by the report. It relied on the delay in sending the material objects before the court, which occasioned not because of any lapse in investigation but because of the procedural formalities for changing the FIR into a case under Section 302 of the Indian Penal Code (IPC).
‘Cry for justice’
It also argued that the criticism made against the investigation officer was not based on any material on record. Since crimes against children were on the rise, the special court should have considered the societal cry for justice against such crime, the government appeal said.
