IMPORTANT POINTS
• Section 2(wa) of the Code of Criminal Procedure code defines ''victim'' to mean a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression ''victim'' includes his or her guardian or legal heir;
• As per Section 372 of the Code of Criminal Procedure, no appeal shall lie from any judgment or order of a Criminal Court except as provided for this Code or by any other law for the time being in force provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

JUDGMENT :

S. MANIKUMAR, J.

1. Malayala Vedi, an organisation registered under the Kerala Scientific, Literary and Charitable Endowments Act, has filed the instant Writ Petition for a mandamus directing a fresh investigation through the Director, Central Bureau of Investigation, New Delhi(Respondent No.2) in Walayar case. The petitioner has sought for a further direction to the Director General of Police, Kerala State (Respondent No.4) to provide witness protection to the prime witnesses in Walayar case. Petitioner has also sought for a direction to the Kerala State Commission for Protection of Child Rights, represented by its Chairperson (Respondent No.3) to conduct an emergent monitoring and audit into the functioning of the child protection systems relating to child sexual abuse.

2. The petitioner seems to have filed the instant Writ Petition on the basis of the articles in the online publications dated 21.05.2017 and 11.01.2019 and also based on the reports published in The Indian Express newspaper dated 27.10.2019, and 30.10.2019 respectively. It is reported in Indian Express newspaper that in Walayar case two minor sisters who were found dead, had been sexually exploited. Based on the newspaper reports, petitioner has submitted that sequence of events leading to the death of two sisters revealed the absolute failure of the system in dealing with the extreme grave cases of sexual abuse. Learned counsel contended that on 13.01.2017, the elder minor girl committed suicide. According to the petitioner, despite the minor child's mother reporting and apprehending threat to the body of her younger daughter, no action was taken. It is submitted by the petitioner that after 52 days, the nine year old minor girl also committed suicide and according to the petitioner, she was also found to have been sexually exploited.

3. Regarding the incident, supporting affidavit of the Writ Petition states as follows:-

''5. The petitioner submits that Reports claim that the police had termed it to be a case of suicide. It was further reported that the Post Mortem report had clearly stated that the two sisters were sexually assaulted before their death. It is that the Forensic report clearly revealed the brutal nature of sexual assault the 13 year old was subjected to. It is submitted that the statement of the 9 year old sibling and her mother was also disregarded. It is submitted that from the inception of the investigation the political pressure prevailed in diluting the case from the stage of the investigation, to that of the, Child Protection systems which were mandated to protect children in need of care and protection and eventually leading to the infamous acquittal of the accused. A true copy of the Newspaper report in Indian Express dated 27th October 2019 is produced herewith and marked as Exhibit P3.

6. The petitioner submitted the Child Welfare Committee under the Juvenile Justice Act 2015 is mandated to protect the child in need of care and protection. It is submitted that a child who is a victim of sexual abuse is a child in need of care and protection. It is submitted that serious allegations have been raised against the Child Welfare Committee, Palakkad in colluding to dilute the case. A true copy of the Indian Express Newspaper report dated 27.10.2019 is produced herewith and marked as Exhibit P4.

7. The Petitioner further submits that the State Commission for Protection of Child Rights are mandated to monitor the sexual abuse cases under the Protection of Children from Sexual Offences Act as per section 44. The petitioner submits that despite this being a case which was much publicised, the outcome of the case reveals that the Kerala Sate Commission had also foregone its responsibility in monitoring the case to ensure justice. It is submitted that the Statistics reveals that the conviction rate is extremely low. Out of 2093 cases b