 "Kerala HC sentences 24 accused in Suryanelli case")
Upholding a lower court order, the Kerala high court today sentenced the 24 accused in the controversial Suryanelli rape case.
Dharmarajan, the prime accused, was given life imprisonment, and others rigorous imprisonment ranging from 4 to 13 years.
The court also acquitted seven others involved in the case.
The bench opined there were clear evidences for gang rape in the case and the victim had no way to escape.
The high court said there was no evidence for child prostitution in the case as cited in the earlier judgment. It also observed there was no point in discarding the statements given by the minor girl.
There was no way for the girl to escape from the custody of the criminal gang led by Dharmarajan, and was tortured mentally and physically for 40 days.
“There are materials to show that her evidence is true. She was mercilessly and brutally raped,” the bench said. The victim, who is from Suryanelli village of Idukki district in Kerala, went missing from the school hostel in Munnar in January, 1996, while studying in 9th standard.
Around 37 people were accused of being involved in the incident, and the special court had sentenced 35 persons to rigorous imprisonment in 2000.
However, in 2005, the high court had acquitted all of them except one claiming the girl had consensual sex with all of them.
The high court had sentenced Dharmarajan for four years for kidnapping the girl and let the others free.
The prosecution had appealed the case and it remained pending in the Supreme Court for eight years.
However, it came into the limelight soon after the 2012 New Delhi gang rape case. It was brought to the attention of the Chief Justice of the apex court, who subsequently reversed the high court’ss decision in January 2013, describing it as “shocking”.
The Supreme Court bench, headed by AK Patnaik and Gyan Sudha Misra set aside the Kerala high court’s order and sent the case back to the high court for taking a fresh look at it.
The SC had ordered to complete the case in six months, but the Kerala high court sought more time.
While five accused died during course of the trial, the victim in the case accused that Congress leader and deputy chairman of Rajya Sabha PJ Kurien also misused her physically at Kumily guest house in Idukki district.
Kurien was exonerated by the police investigators and the courts. Later, the Kerala high court rejected an appeal filed by the girl stating there was no fresh evidence against Kurien in the case.
Dharmarajan, the prime accused, was given life imprisonment, and others rigorous imprisonment ranging from 4 to 13 years.
The court also acquitted seven others involved in the case.
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Rejecting the earlier judgment of the high court, the division bench, comprising Justice KT Sankaran and Justice ML Joseph Francis, upheld judgment of the special court.
The bench opined there were clear evidences for gang rape in the case and the victim had no way to escape.
The high court said there was no evidence for child prostitution in the case as cited in the earlier judgment. It also observed there was no point in discarding the statements given by the minor girl.
There was no way for the girl to escape from the custody of the criminal gang led by Dharmarajan, and was tortured mentally and physically for 40 days.
“There are materials to show that her evidence is true. She was mercilessly and brutally raped,” the bench said. The victim, who is from Suryanelli village of Idukki district in Kerala, went missing from the school hostel in Munnar in January, 1996, while studying in 9th standard.
Around 37 people were accused of being involved in the incident, and the special court had sentenced 35 persons to rigorous imprisonment in 2000.
However, in 2005, the high court had acquitted all of them except one claiming the girl had consensual sex with all of them.
The high court had sentenced Dharmarajan for four years for kidnapping the girl and let the others free.
The prosecution had appealed the case and it remained pending in the Supreme Court for eight years.
However, it came into the limelight soon after the 2012 New Delhi gang rape case. It was brought to the attention of the Chief Justice of the apex court, who subsequently reversed the high court’ss decision in January 2013, describing it as “shocking”.
The Supreme Court bench, headed by AK Patnaik and Gyan Sudha Misra set aside the Kerala high court’s order and sent the case back to the high court for taking a fresh look at it.
The SC had ordered to complete the case in six months, but the Kerala high court sought more time.
While five accused died during course of the trial, the victim in the case accused that Congress leader and deputy chairman of Rajya Sabha PJ Kurien also misused her physically at Kumily guest house in Idukki district.
Kurien was exonerated by the police investigators and the courts. Later, the Kerala high court rejected an appeal filed by the girl stating there was no fresh evidence against Kurien in the case.