Walayar siblings case: Court rejects chargesheet, orders CBI for reinvestigation

The CBI had filed a chargesheet two months ago agreeing to the conclusion of the state police that girls were driven to suicide

The Protection of Children from Sexual Offences (POCSO) court in Palakkad in Kerala on Wednesday rejected the chargesheet and directed the Central Bureau of Investigation (CBI) to conduct a re-probe into Walayar case related to the mysterious death of two minor Dalit siblings.

In 2019, the POCSO court had freed four accused in the case. (File image)

The CBI had filed a chargesheet two months ago agreeing to the conclusion of the state police that girls were driven to suicide but the mother insisted that the case was not probed properly and the central agency came to the conclusion without thorough probe.

The court accepted her contention and ordered a reinvestigation.

Welcoming the court’s decision, the mother said, “I firmly believe they will not commit suicide. Both were murdered. I feel I will get justice finally”.

She added a new team should be formed to investigate the case.

According to the chargesheet, the girls died by suicide out of intolerable pain and agony caused by multiple instances of unnatural sex committed on them by the accused. There are four accused in the case and one of them Pradeep Kumar died by suicide two years ago.

In 2019, the POCSO court had freed four accused and passed severe strictures against the investigating team. The police officer who headed the investigation was promoted as the superintendent of police. There was enough indignation after the verdict and later the high court took up the case suo motu but proceedings were stalled again after the government announced a judicial commission.

Later, several lapses in the trials also came to light.

A lawyer N Rajesh, who represented one of the accused in the case, was later appointed as the district child welfare committee president, a body aimed at protecting rights of children.

During the trial, many witnesses had turned hostile.

The ruling CPI(M) also faced criticism as some of the accused were reported to be party workers.

Reports claimed that the state’s women commission also failed to come to the rescue of parents due to political pressure, said activists who were helping the parents, both labourers.

The mother of the siblings had protested seeking a CBI probe.

After a huge outcry, the case was handed over to the CBI in 2021 but it also concluded that both were rape-induced suicide cases. However, the mother insisted that the central agency was forced to arrive at a conclusion after the evidence was destroyed.

In the last assembly elections, she had contested against chief minister Pinarayi Vijayan in north Kerala and got 1753 votes.

In March, she released her autobiography “Njyan Walayar Amma, Peru Bhagyawathi” (I am Walayar mother, my name is Bhagyawathi) which carried details of higher up’s bid to topple the investigation.

In the book, she claimed that the father was even forced to own up the crime by a state police officer.

Two minor girls, aged 9 and 13, had reportedly died by suicide due to repeated sexual harassment by four persons. They were found dead inside their one-room house in Walayar 52 days apart. The 13-year-old minor was found dead on January 13, 2017, and the younger child, aged nine, died on March 4.

Ever since the case came to the fore, it created outrage and has witnessed several twists and turns in the last five years.

(If you need support or know someone who does, please reach out to a mental health specialist.) Helplines: Aasra: 022 2754 6669; Sneha India Foundation: +914424640050 and Sanjivini: 011-24311918