In the wake of the Supreme Court nullifying the Kerala High Court verdict acquitting 35 accused in the 1996 Suryanelli rape case, all those accused in the case will now have to secure fresh bail from the High Court.
Legal experts say that since the apex court has sent back the case to the High Court asking for a fresh look at it, the trial would have to start all over again. However, the accused who are on bail, will get four weeks’ time to seek fresh bail.
“Since the apex court has set aside the High Court order acquitting the accused, the special court judgment that had been pronounced in January 2000, comes into effect,” said Advocate Anila George, who assisted the Public Prosecutor in the case. “Hence a fresh hearing on the appeal submitted by the accused will be needed. In the meantime, the accused will have to apply for fresh bail in the High Court,” she said. Some legal experts also believe that the case may be considered at the special bench established at the High Court for atrocities against women. The Suryanelli case relates to the abduction and sexual assault of a minor by several men over a span of 40 days in 1996.
The prosecution case was that the 16-year-old schoolgirl from Suryanelli in Idukki district was enticed, abducted and sexually exploited by a bus conductor on January 16, 1996.
She was later handed over to two others, including the prime accused S S Dharmarajan, who was a lawyer. The duo presented her to several men. The girl was released on February 26 by her abductors.
On September 6, 2000, the special court sentenced the 35 accused to rigorous imprisonment for varying terms. The first accused, bus conductor Raju, and the second accused, Usha, were sentenced to 13 years’ rigorous imprisonment with fine, and an additional jail term of four years on different counts.
However, overturning the special court’s verdict on January 20, 2005, the Division Bench of the High Court, comprising Justice K A Abdul Gafoor and Justice R Basant, observed that there was inadequate evidence for abduction, conspiracy, selling of the girl and rape.
A Division Bench also acquitted all except the prime accused in the case and set aside life imprisonment awarded to the prime accused Dharmarajan, on charges of gang rape and kidnapping. Instead, it imposed five years’ rigorous imprisonment on him on other counts.