A division bench of the Kerala High Court Wednesday set aside the verdict of a POCSO court, which had acquitted the accused in cases pertaining to the suicides of two sexually-abused minor Dalit sisters in Palakkad district.
The division bench remanded the judgments pertaining to the deaths of the sisters to the trial court (POSCO court) for re-trial. The HC said the trial court shall consider the plea, if any raised by the investigating agency, for permission to conduct further investigation into the cases and permit the prosecution, and if sought, the defence also, to adduce fresh evidence in the form of oral or documentary evidence.
A bench of Justices A Hariprasad and M R Anitha said, “We are fully convinced that the perfunctory initial investigation and cursory, desultory and unskilled prosecution coupled with the lack of involvement by the trial judge resulted in miscarriage of justice and the consequential unmerited acquittals in all these cases. Certainly, the fact situations in these cases reveal extraordinary circumstances requiring extraordinary remedies. Therefore, we have no hesitation to hold that trial in all the above sessions cases have been lowered to the level of mock trials.”
The court told the three accused persons to appear before the trial court on January 20. Another convicted person is deceased. The accused have been on bail after they had obtained a stay against the verdict of the trial court.
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