Published 15:57 IST, November 21st 2019
Walayar rape death cases: Kerala HC admits state govt's plea for retrial
The Kerala High Court on Thursday has admitted the state government’s appeal for a re-investigation and retrial in the death of two minor sisters from Walayar.
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Kerala High Court has mitted state government’s appeal for a re-investigation and retrial in death of two mir sisters from Walayar. state government’s appeal also sought setting aside of 1st ditional Sessions Court’s earlier acquittal of all accused.
Re-investigation and retrial ordered
Kerala government h moved Kerala High Court on Wednesday with an appeal, stating that re was coordination between investigating ncies and prosecution. written statement also claimed that Palakk Court’s Order was ridden with ‘illegality and manifest errors’ and said that ‘ lower court ought to have found that oral testimony of witnesses was substantial evidence in case’.
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appeal also places blame squarely on Special Public prosecutor in case saying she failed to use testimony of witnesses despite investigating recording same. statement ded that incriminatory material against accused was me available and retrial can use it to get a conviction for accused.
Kerala HC has sent tices to accused and will w wait for ir responses. HC will also hear arguments put forth by Kerala government seeking a re-trial. Terming lower court's judgment as ‘perverse’, government affidavit mentions how family of two sisters has also sought a retrial into ir deaths.
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government's argument against acquittal also contended that in cases where grave offenses are involved, failure of eir investigating ncy or prosecution cant be basis of acquittal of accused.
Kerala Chief Minister Pinarayi Vijayan h been under immense pressure after 1st ditional Sessions Judge, Palakk acquitted all accused in case. Vijayan who also handles home portfolio h been accused of allowing a shoddy investigation into case to shield accused.
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Protests h erupted in Kerala over acquittal of accused in 2017 death of two mir girls. Student wings from CPI and BJP h protested outside Secretariat in Thiruvanthapuram demanding justice over acquittal of accused in rape and murder of girls. three accused – V Mhu (27), M Mhu (27) and Shibu (43) – were acquitted over lack of evidence.
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15:24 IST, November 21st 2019