Kochi, April 3, 2025 – The Kerala High Court on Wednesday issued an interim order restraining the Central Bureau of Investigation (CBI) from taking any coercive action, 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].
CBI CHARGESHEET NAMES PARENTS AS ACCUSED
A recently filed CBI chargesheet named the parents as accused, alleging that they had abetted the sexual assault on their daughters by failing to protect them from the perpetrators. The parents moved the High Court seeking the quashing of the chargesheet, accusing the central agency of conducting a “planned investigation” to shield the real culprits.
Justice C Jayachandran sought the CBI’s response to the petition on March 25. On Wednesday, the judge granted interim protection to the parents and scheduled a detailed hearing after the upcoming court vacations.
THE WALAYAR CASE
The Walayar case involves the tragic 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.
A trial court under the Protection of Children from Sexual Offences Act (POCSO Act) acquitted all accused in 2019 due to lack of evidence. Following public outcry, the Kerala High Court ordered a retrial and transferred the case to the CBI, which filed its chargesheet in January 2025.
CBI’S ALLEGATIONS AGAINST THE PARENTS
The CBI’s chargesheet alleges that the parents aided the sexual assault on their daughters and destroyed evidence by burning their daughters’ clothes and school bags. The agency has charged them under multiple provisions of the POCSO Act, Juvenile Justice Act, and the Indian Penal Code, including abetment of rape, unnatural offences, cruelty to children, and destruction of evidence.
PARENTS CHALLENGE CBI’S INVESTIGATION
The parents 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 agency failed to send a disputed ‘death note,’ allegedly written by an accused, for forensic analysis despite the Court’s permission.
The family’s marginalized status was not adequately considered, despite a previous High Court ruling noting their socio-economic struggles.
They argued that their actions were misinterpreted and that the CBI’s charges were speculative rather than based on concrete evidence. The parents have demanded a fresh investigation into the possibility of murder and sought the quashing of the chargesheet pending before the CBI Court in Ernakulam.
LEGAL REPRESENTATION
The parents were represented by advocate PV Jeevesh, while Senior Advocate KP Satheesan appeared for the CBI.
NEXT STEPS
The case is scheduled for further hearing after the court vacation. With the interim protection granted, the legal battle over the CBI’s findings is set to continue.
