KOCHI: The Kerala High Court on Wednesday restrained the CBI from taking any coercive steps, including arrest against the parents of the two minor girls who died at Walayar. The parents are accused of abetting the rape of their children.
Justice C Jayachandran also dispensed with the personal appearance of the parents before the CBI Special Court, Ernakulam, till the final hearing of the petitions. The court will hear the matter after the summer holidays.
The court issued the order on the parents' appeals seeking to quash the charge sheet filed by the CBI against them.
The parents alleged that the further investigation by the CBI was biased with extraneous consideration by misusing the official power. The investigating agency has no definite conclusion about the manner of death as to whether it is a homicide or suicide.
It is the established proposition in forensic science that the absence of fibre content on the palm indicates homicidal death. The cellophane impressions were taken from both the palms and the neck of the younger girl’s dead body and also from the ligature.
The FSL report concludes the absence of fibre on the palms, which shows the fact that the girl child did not touch the ligature, which was found used for suspension, which indicates that it is a case of a homicidal death.
The parents stated that no investigation has been conducted into the suspicious deaths of the accused persons- Pradeep and Madhu alias Kutti Madhu and a suspect, John Praveen. The CBI are obliged to conduct an enquiry into that angle also connecting the deaths of the minor girls. The post-mortem examination of John Pradeep shows serious ante-mortem injuries on the vital parts of the body, including incised wounds.
The petitioners have been arrayed as the accused not on logical grounds. Merely based on some witness statements having no credibility, the investigating officer has concluded that the petitioners have committed the offences. The relationship between the petitioners and the accused is presented with exaggeration.
The investigating agency is trying to end the matter as a suicide case. Throughout the investigation, they had picked out some materials to write off a heinous crime only as a suicide case, the parents alleged.
The petitioners are alleged of committing offences under Section 16, 17 (abetment) of the POCSO Act, IPC Sections 109 (abetment) r/w Section 376(2)(f)(i)(n) (rape), 377 (unnatural offences), 201 (causing disappearance of the offence) and Section 75 (punishment for cruelty to child) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
