Walayar Rape and Murder: Kerala High Court grants relief to victim's parents from CBI action

The Kerala High Court on Wednesday passed an interim order restraining the Central Bureau of Investigation (CBI) from taking any coercive steps, including arrest, against the parents of two Dalit girls who were allegedly raped and murdered in Walayar in 2017 [XXX v The Central Bureau of Investigation & ors]..A chargesheet filed recently by the CBI had named the parents as accused, alleging that they had abetted the sexual assault on their daughters by failing to protect them from the accused.The parents then moved the Court seeking the quashing of the CBI’s chargesheet against them. The parents accused the central agency of having conducted a "planned investigation" to shield the real perpetrators.Justice C Jayachandran had sought the CBI's response to the petition on March 25. Today, the judge granted interim protection to the parents and posted the case for a detailed hearing after the upcoming court vacations. .The Walayar case refers to the deaths of two Dalit sisters, aged 9 and 13, who were found hanging at their home in 2017, within months of each other.Autopsy reports confirmed sexual assault, with the younger girl's report indicating possible homicidal hanging.After a trial court under the Protection of Children from Sexual Offences Act (POCSO Act) acquitted all the accused in 2019 due to lack of evidence, the High Court ordered a retrial and transferred the case to the CBI, which filed its chargesheet in January 2025.The CBI's chargesheet named the parents as accused, alleging that they had aided the sexual assault on their daughters. The chargesheet also accused the parents of destroying evidence by burning their daughters' clothes and school bags.The CBI charged them under various provisions of the POCSO Act, Juvenile Justice Act and the Indian Penal Code which deal with abetment of rape and unnatural offences, cruelty to children and destruction of evidence..The parents then approached the High Court alleging that the CBI's investigation was biased and conducted with 'extraneous considerations' to shield the actual perpetrators.According to their plea, the CBI ignored scientific evidence suggesting homicide and wrongly concluded that the girls died by suicide.The parents, who belong to a marginalized Scheduled Caste community, emphasised their socio-economic struggles in their plea, pointing to a previous High Court judgment where the division bench had noted that the family’s backward status influenced their actions. The parents highlighted this observation, which was made in reference to why the mother did not immediately report the abuse against her daughter.They stated that their actions were misinterpreted and that the CBI's charges were based on mere speculation rather than solid evidence.The parents have demanded a fresh investigation into the possibility of murder, including the examination of a disputed 'death note' allegedly written by an accused, which the CBI failed to send for forensic analysis despite the Court's permission. They have also sought the quashing of the chargesheet pending before the CBI Court, Ernakulam..The parents were represented by advocate PV Jeevesh.Senior Advocate KP Sathhesan appeared for CBI..[Read Order]