The Kerala High Court has issued a notice regarding a plea filed by the parents of two girls who were allegedly raped and found dead in Walayar in 2017. The plea seeks to quash the charge sheet filed by the Central Bureau of Investigation (CBI), which has named the parents as accused.
The matter was brought before Justice C. Jayachandran's bench, where Senior Advocate Dr. K. P. Satheesan, representing the CBI, took notice of the plea.
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CBI Investigation And Charges Against The Parents
The CBI recently completed its reinvestigation and submitted the charge sheet. The parents, among others, have been listed as accused. According to the petition, the chargesheet claims that the parents abetted the primary accused in committing aggravated penetrative sexual assault on the victims.
Furthermore, it alleges that they burned the child’s dress and school bag three days after her death. Another accusation is that they allowed one of the accused to stay in their home, which reportedly led to mental and physical distress for the victim. The chargesheet also states that the parents failed to protect their children, thus enabling the crime to occur.
The parents face charges under the Protection of Children from Sexual Offences (POCSO) Act, specifically Sections 16 and 17, which deal with the abetment of offences. Additional charges include IPC Sections 109 (abetment), 376(2)(f)(i)(n) (rape), 377 (unnatural offences), 201 (destruction of evidence), and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which pertains to child cruelty.
Parents’ Allegations Against The Investigation
The petitioners argue that the investigation was manipulated to protect the actual culprits.
“...the investigating agency, camouflaging all materials, including scientific conclusions, conducted a planned investigation to save somebody from the clutches of law, and instead of conducting a fair, impartial, and independent investigation, the investigating agency, with extraneous considerations, without booking the real culprits, brought unnecessary and baseless charges against the petitioners, who are poor and helpless parents of the children,” the plea states.
The parents acknowledged that one of the accused, Madhu alias Valiya Madhu, was a close relative. While admitting that certain incidents involving him occurred, they emphasized that they did not conceal any information during the investigation. They assert that their actions cannot be considered abetment of the crime.
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The mother of the victims claimed that she confronted the accused upon discovering the abuse and asked him not to visit their house again. However, she did not report the matter to the police due to the child’s young age. The petition highlights that the High Court had previously acknowledged the family’s socio-economic background and considered their perspective in handling the situation.
The petitioners argue that they have actively pursued justice from the beginning by filing multiple cases and participating in protests to identify the real culprits.
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Disputed Conclusion In The Charge Sheet
Another key point raised in the plea is that the CBI charge sheet concludes that the deaths of the victims were suicides, despite scientific evidence suggesting otherwise. The petitioners demand a further investigation into the possibility of homicide.
Background Of The Walayar Case
The Walayar case revolves around the tragic deaths of two sisters, aged 13 and 9, who belonged to the Scheduled Caste community. They were found hanging in their house within three months of each other in 2017. Post-mortem reports confirmed that both had been sexually assaulted before their deaths. Notably, the younger victim’s autopsy suggested the possibility of homicidal hanging.
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In 2019, the Special POCSO Court acquitted all the accused, stating that the prosecution had failed to provide sufficient evidence. The verdict also noted the absence of scientific proof.
Following public outcry and an appeal by the state government, the Kerala High Court ordered a retrial. Subsequently, the investigation was handed over to the CBI, which filed a fresh charge sheet in January 2025 before the CBI Court in Ernakulam.
The High Court’s notice on the parents’ plea brings a new development in the case, as they continue to seek justice for their daughters while challenging the accusations against them.
The petition is moved by Advocate P. V. Jeevesh
Case Title: xxx And Another v The Central Bureau of Investigation and Others
Case No: Crl.MC 2890/ 2025
