A division bench of the Kerala High Court Wednesday put aside the decision of a POCSO court docket, which had acquitted the accused in circumstances pertaining to the suicides of two sexually-abused minor Dalit sisters in Palakkad district.
The division bench remanded the judgments pertaining to the deaths of the sisters to the trial court docket (POSCO court docket) for re-trial. The HC mentioned the trial court docket shall contemplate the plea, if any raised by the investigating company, for permission to conduct additional investigation into the circumstances and allow the prosecution, and if sought, the defence additionally, to adduce recent proof within the type of oral or documentary proof.
A bench of Justices A Hariprasad and M R Anitha mentioned, “We are fully convinced that the perfunctory initial investigation and cursory, desultory and unskilled prosecution coupled with the lack of involvement by the trial judge resulted in miscarriage of justice and the consequential unmerited acquittals in all these cases. Certainly, the fact situations in these cases reveal extraordinary circumstances requiring extraordinary remedies. Therefore, we have no hesitation to hold that trial in all the above sessions cases have been lowered to the level of mock trials.”
The court docket informed the three accused individuals to seem earlier than the trial court docket on January 20. Another convicted individual is deceased. The accused have been on bail after they’d obtained a keep in opposition to the decision of the trial court docket.
