The Kerala State Commission for Protection of Child Rights has observed that there should be further investigation and a de novo trial in the Walayar case as there was gross flaw on the part of those who handled the case of sexual assault and death of the two sisters.
Addressing the media here, P. Suresh, Chairperson of the commission, said that as in other cases, the paramount consideration of all who handled a Protection of Children From Sexual Offences (POCSO) case, including the police, prosecution, doctors, court, and witnesses, should be the welfare of the victim.
However, after studying the case, the commission feels it was not properly handled, and that there had been a flaw on the part of the police and the prosecution, besides lack of attention from the court, he added.
“The court verdict has said that the prosecution failed to prove the case beyond doubt, but we cannot say that the court found the accused not guilty,” he said.
Mr. Suresh said the police had failed to gather the required information before submitting documents in the court. Since there are no eyewitnesses, the police should have considered circumstantial evidence. Besides, the investigating officer did not consider the opinion of the doctor, who conducted the post-mortem, and include him as a witness.
The commission also pointed out serious lapses on the part of the prosecution. Mr. Suresh said the prosecution did not visit the house of the victims and collect evidence from the spot. He added that the prosecution had also failed to make the available witness take a strong stand.
The Chairperson observed that the parents of the victims were illiterate, and that it was the duty of the prosecution to clarify things and train them during cross-examination.
He further noted that out of the 53 witnesses named by the court, only 28 were examined, while the remaining 25 were avoided which affected the case.
More vigilant
Similarly, the doctor too could have been more vigilant while giving his statement. The commission observed that the court had the responsibility to examine the report submitted by the police. If any flaw was found, the court should have asked the police to resubmit the report after correcting the error.
Mr. Suresh said the commission had contacted the Director General of Prosecution C. Sreedharan Nair to discuss the case prior to filing it in the Kerala High Court seeking a retrial and further investigation.
