THRISSUR: The judgment in the rape and suicide case of two minor sisters in Walayar acquitting the first accused V. Madu aka Valiya Madhu says the prosecution “miserably failed to prove the alleged offences against the accused beyond reasonable doubt.’
It was Madhu, a close relative of the minor sisters, whom the Investigation team had certain hope of getting a conviction as the step father and mother of the elder sister had given statements to the special investigation team (SIT) headed by DySP M.J. Sojan that they were witnesses to the accused committing the crime of unnatural sex on their elder daughter in April 2016.
However, five out of 10 witnesses who were meant to corroborate the statements of the step father and mother as hearsay evidence of the crime and to establish that the accused was seen near the house of the victim on the day of occurrence of the crime turned hostile. Remaining evidence given by the witnesses who deposed loyally was not strong enough to corroborate the crime, the court noted.
Even the grandmother of the victim denied the hearsay evidence and stated during the trial that she had no knowledge of the girl being sexually tortured by the accused and the parents of the girl had never told her about such a crime.
According to judgment, there was no scientific evidence to prove that the accused had committed such a crime on the victim and circumstantial evidences on which the prosecution relied on could not be corroborated convincingly.
In the death of younger minor sister, there was neither direct witness to her being subjected to unnatural sexual torture nor scientific evidence which made the court to acquit Madhu of all the charges including rape and abetment to suicide.
None of the prosecution witnesses said in their statements and during the trial about the possibility of homicide even thought the forensic surgeon had asked in the post mortem report to rule out such a possibility through investigation.
SIT had informed that no such evidence of possible homicide could be collected during investigation....