A Division Bench of the Kerala High Court on Friday dismissed a writ petition seeking a CBI probe into the suspicious death of two minor girls at Walayar.
The Bench headed by Chief Justice S. Manikumar said the petition was based on newspaper reports. The court noted that Section 372 (2) of the Criminal Procedure Code had provided adequate remedy for the victim to challenge the lower court verdict acquitting the accused.
As per the Section, the victim could prefer an appeal against any order passed by lower courts acquitting the accused or convicting the accused for a lesser offence or awarding lesser sentence. Besides, the State government could also file an appeal against the acquittal of the accused. The court also observed that no complaint had been raised during and after the investigation.
When the petition came up for hearing, the government counsel submitted that the government would file an appeal against the acquittal of the accused in the case. The petition was filed by George Vattukulam, president, Malayalavedi, Thrissur. According to him, all the accused in the case were acquitted as the prosecution was not able to prove the case convincingly.
The manner in which the investigation was conducted had exposed the gross deficiencies and lapses on the part of the police and prosecution, he alleged.
