Can't hand over Walayar case to CBI now, says Kerala High Court
Kochi: The High Court said that the investigation of Walayar rape case can't be handed over to CBI now. Only when the verdict issued by the POCSO court is cancelled, HC will take up the matter. However HC observed that government still has the provision to file an appeal against the verdict.
Palakkad POCSO court had pronounced verdict on the case, acquitting the accused for want of evidence.
The lawyer appearing for CBI had informed the High Court that a re-investigation in the case is possible only if the verdict pronounced by POCSO court is cancelled. Taking this into consideration, HC said that the matter of CBI probe in the case can't be considered now. The court also stated that the government can file an appeal against the POCSO verdict as such an action would be legally valid.
The government informed in the court that they will file an appeal and the course of action regarding the same has already begun.
Malayala Vedi president, George Vattukulam, had filed a PIL in the High Court seeking CBI enquiry into the case. The court asked the petitioner what was the context of filing the petition now and whether it was based on media reports. The court also asked him where he was when the trial was going on.