Kerala High Court Recognizes Victims' Mother's Request in Walayar Rape Case for Special Public Prosecutor

Introduction

The Kerala High Court has acknowledged the plea of the victims' mother in the Walayar rape and death case, directing the Central government to consider appointing advocate Rajesh M. Menon as the Special Public Prosecutor. This decision emphasizes the right of victims or their representatives to request specific legal representation in sensitive cases.

Background of the Case

The Walayar rape case involves the tragic deaths of two minor sisters, aged 9 and 13, who were found hanging at their home on separate dates in 2017. It was alleged that the girls had been sexually assaulted and driven to suicide due to the trauma. The initial trial in 2019 resulted in the acquittal of the accused due to a flawed investigation, leading the victims' family to seek further legal recourse.

Legal Proceedings and Re-trial

In 2021, the Kerala High Court set aside the acquittal and ordered a re-trial, also allowing for a further investigation, which was eventually handed over to the Central Bureau of Investigation (CBI) upon the family's request. The victims' mother subsequently sought the appointment of a Public Prosecutor of her choice to ensure a fair and effective prosecution during the re-trial.

Request for Special Public Prosecutor

The mother of the victims specifically requested that advocate Rajesh M. Menon be appointed as the Special Public Prosecutor, arguing that his involvement would ensure an effective prosecution free from malafide influences. Her counsel made representations to the government to appoint Menon, despite opposition from the CBI, which contended that Menon had previously represented the victims' family.

High Court's Observations

Justice A. Badharudeen emphasized that while the appointment of Public Prosecutors is within the government's purview, the requests and concerns of victims or their representatives should not be disregarded. The court noted that the appointment of a prosecutor should consider the victim's confidence in achieving justice, especially in light of the previous defective investigation.

Court's Decision

The High Court ordered the government to consider the request to appoint Menon as the Special Public Prosecutor, taking into account the mother's genuine concern for an unbiased and thorough prosecution. The court instructed the government to make a decision within three months.

Implications of the Judgment

This ruling reinforces the importance of victim representation in criminal cases, particularly in instances of grave misconduct and prior investigative failures. It sets a precedent for courts to consider the victim's preferences in appointing prosecutors to ensure justice is served effectively.

Conclusion

The Kerala High Court's directive to consider the victims' mother's request for a specific Special Public Prosecutor in the Walayar case underscores the judiciary's role in supporting victims' rights and ensuring fair legal proceedings. This decision aims to restore faith in the judicial process and ensure that such sensitive cases are handled with the utmost integrity and diligence.

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