Introduction:

In a significant ruling, the Kerala High Court has directed the Central Bureau of Investigation (CBI) to investigate a distressing case involving the alleged sexual abuse and suspicious death of a minor girl. The victim, who resided in police quarters, was found unconscious in her home and later succumbed to her injuries. The court expressed concern about potential police involvement and deemed the ongoing investigation ineffective, leading to the decision to transfer the case to the CBI.

Arguments of Both Sides:

The girl’s mother, represented by advocates R Sreehari, Hamza A V, and Vignesh S, pleaded for a CBI investigation, citing the lack of progress in identifying the accused and the possible involvement of police officers. On the other side, Public Prosecutor M C Ashi and Senior Counsel Dr K P Satheeshan, assisted by Advocate Sudhin Kumar K for the CBI, defended the initial investigation.

Court’s Judgment:

Justice Bechu Kurian Thomas, presiding over the case, emphasized the need for a thorough investigation into the heinous crime. Citing the autopsy report that revealed sexual abuse, the court deemed the existing investigation inadequate after ten months of minimal progress. Relying on the Apex Court decision in Vishal Tiwari v Union of India (2024), the court ordered the transfer of Crime No.377 of 2023 to the CBI, aiming to provide justice and instill confidence in the victim’s family.