On April 2, 2025, the Kerala High Court issued an interim order protecting the parents of the Walayar rape-death victims from any coercive action, including arrest.
The parents had filed a plea to quash the CBI chargesheet after they were named as accused for allegedly abetting the crime against their children. They also challenged the CBI's conclusion that the children died by suicide.
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During the hearing, Justice C. Jayachandran observed that the case required a detailed examination and decided to postpone the matter until after the summer vacation. Meanwhile, the court granted interim protection to the parents.
"Considering the complexities of the case, a detailed hearing is necessary. Until then, interim protection is granted." – Justice C. Jayachandran
The CBI had already submitted its chargesheet before the CBI Court in Ernakulam, which had directed the parents to appear on April 25. However, the High Court exempted their personal appearance for the time being.
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Background of the Walayar Case
The Walayar case involves the tragic deaths of two minor sisters, aged 13 and 9, who were found hanging in their one-room house in 2017, within a span of three months.
- Both girls belonged to a Scheduled Caste community.
- Post-mortem reports confirmed sexual assault before their deaths.
- The younger sister's autopsy even suggested a possibility of homicidal hanging.
In 2019, the Special POCSO Court in Palakkad acquitted all the accused, citing lack of scientific evidence and failure of the prosecution to prove the allegations.
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"The prosecution has failed to present concrete evidence to establish the charges beyond reasonable doubt." – Special POCSO Court, Palakkad
Following this, the Kerala State Government challenged the acquittal in the High Court, which then ordered a re-trial. The case was later handed over to the Central Bureau of Investigation (CBI) for further inquiry.
The initial chargesheet filed by the CBI was quashed by the Special POCSO Court in Palakkad after a plea from the victims' mother. The court then directed the CBI to conduct a deeper investigation into the case.
In January 2025, the CBI submitted a fresh chargesheet before the CBI Court in Ernakulam.
The latest plea by the victims’ parents was moved by Advocate P. V. Jeevesh, seeking relief from being named as accused in the case.
"The parents of the victims have already suffered a grave loss. Subjecting them to further legal distress is unjust." – Advocate P. V. Jeevesh
With the High Court granting interim protection, the case will now undergo a detailed hearing post-summer vacation to examine all aspects of the CBI chargesheet and the parents' involvement in the case.
Case Title: XXX and Another v The Central Bureau of Investigation and Others
Case No: Crl.MC 2885 of 2025 & Other Connected Cases
