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Kerala

16 years after minor girl’s death in Palakkad, sexual assault angle emerges

As fresh probe by Malappuram CB reveals new circumstances, HC orders CBI to step in, directs agency to file a response on 23 similar cases in Walayar region

P Ramdas

KOCHI: Sixteen years a minor girl from Ozhivupara in Kollengode was found hanging in her home, fresh suspicion has emerged of sexual assault before her death.

Considering the new circumstances, the Kerala High Court has ordered a CBI probe. The court has also sought a response from the central investigating agency on 23 similar cases in the Walayar region.

A CBI team that investigated the sexual assault and death of the Walayar twin sisters had earlier revealed that 27 girls had died by suicide in the region between 2012 and 2022. This included the Kollengode case.

The Kollengode girl was found hanging by a sari on January 18, 2010. The case, initially handled by local police and later transferred to the crime branch (CB) in Ernakulam, appeared to have reached a dead end when investigators filed a final report before the Chittur Judicial First Class Magistrate Court on September 30, 2023, stating the case was “undetected”, citing lack of evidence. However, the judge returned the report and ordered further investigation.

A fresh probe by the Malappuram CB has now pointed to possible sexual assault. According to findings submitted before the HC, the postmortem revealed the presence of human semen and spermatozoa, suggesting vaginal penetration before death.

The revelation came in a report filed by the police investigation team in response to a PIL seeking a CBI probe into the alleged suicide deaths of minor girls in Walayar region.

The autopsy concluded the cause of death was by hanging, the CB findings said, adding that the forensic surgeon noted evidence of sexual abuse, including complete rupture of the hymen and signs of recent sexual intercourse. Consequently, an offence under section 376(f) of the IPC was added.

The CB submitted that during the investigation, two persons -- the deceased’s youngest uncle and a family friend -- were placed under strong suspicion. As part of the earlier investigation, both suspects had underwent polygraph tests, the results of which were found to be questionable. Subsequently, Brain Electrical Oscillation Signature (BEOS) tests were conducted on both suspects at the Forensic Science Laboratory (FSL) in Gandhinagar, Gujarat, in 2018. The family friend, who had come under suspicion based on the polygraph test, was excluded following the BEOS report.

However, “isolated experimental knowledge responses” were observed in respect of the other suspect, partially corroborating available materials. The suspect denied the BEOS findings and voluntarily consented to undergo a narcoanalysis test.

CB submitted a request with the Gujarat Directorate of Forensic Science Laboratory in 2019 for a narcoanalysis test. However, the request was declined on the grounds that the suspect was not conversant in English or Hindi.

Despite approaching various forensic laboratories for the same purpose, no positive response was received expressing willingness for the test.

The suspect is currently being subjected to frequent questioning as part of the investigation. Communications linked to the mobile phone number presently used by him have been analysed, and lawful interception proceedings are being undertaken to determine whether any disclosures, indications of innocence, or communications relating to the case or the alleged offence emerge following the questioning. CB informed the court that a fresh request for a narcoanalysis test is pending before the FSL in Gandhinagar.

The report further stated that, in view of the earlier detection of human semen and spermatozoa during chemical examination at the Chemical Laboratory in Ernakulam, material objects collected from the scene, clothes worn by the deceased, and biological samples, including vaginal swabs preserved during the autopsy, were subjected to detailed forensic examination at the FSL in Thiruvananthapuram, and the Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad.​

However, the examinations failed to detect DNA belonging to any male individual, seminal stains, or spermatozoa on material objects.

The report added that while genital injuries noted in the postmortem clearly indicated vaginal penetration, the absence of semen or spermatozoa in the vaginal swab samples examined at FSL and CDFD meant that penile penetration could not be conclusively established.

CASE WAS “UNDETECTED”

  • The Kollengode girl was found hanging by a sari on January 18, 2010. The case, initially handled by local police and later transferred to the crime branch (CB) in Ernakulam, appeared to have reached a dead end when investigators filed a final report before the Chittur Judicial First Class Magistrate Court on Sept 30, 2023, stating the case was “undetected”, citing lack of evidence. However, the judge returned the report and ordered further investigation.

  • A fresh probe by the Malappuram CB has now pointed to possible sexual assault. According to findings submitted before the HC, the postmortem revealed the presence of human semen and spermatozoa, suggesting vaginal penetration before death. The revelation came in a report filed by the police investigation team in response to a PIL seeking a CBI probe into the alleged suicide deaths of minor girls in Walayar region.

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