Loopholes that led to the Walayar case verdict


Tijo Jose

Palakkad: The verdict in the sensational Walayar case has become a lesson for the law students because it is a case where lapses in investigation and evidence collection before the court led to the acquittal of culprits.

All the six verdicts pronounced by Palakkad POCSO Court backed the allegations that even the available evidences in the mysterious death of the two minor girls were destroyed. Separate charge sheets were submitted in the death of both children.

The prosecution procedures in the court also were in continuation of the lapses on the part of the investigation team. The court came down heavily on the lapses from the part of the prosecution in recording statements of witnesses and providing evidences.

It was stated in the court verdict that the children were living under unsafe surroundings where the crime was most likely to happen. The prosecution also failed to utilise the provision to request for further probe before the start of trial, if there are no sufficient evidence.

10 major loopholes in the case

  1. Failed to produce more evidence and witnesses before the court, when the available evidences were insufficient.
  2. The crime location or circumstances were not subjected to detailed study.
  3. Lapses in the study and discussions held with the probe officers prior to the trial.
  4. Witnesses were not aware of what evidence should be given.
  5. Investigation officers or other witnesses failed to correct the faults of independent witnesses during trial.
  6. Many key witnesses were not heard.
  7. Failed to convince the court about the reason for the contradictions in the statements of witnesses who belong to a rural area.
  8. No preparation was taken to avoid contradiction in the statement of the doctor who conducted autopsy.
  9. The independent statements of the witnesses given before the magistrate was not considered.
  10. Failed to submit former verdicts to oppose the favourable verdicts obtained from top courts by the accused.

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