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Special court to try Vithura sex scandal case

Special court to try Vithura sex scandal case

Author: T K Devasia
Publication: The Observer of Business and Politics
Date: September 8, 2000

The Kerala government has decided to transfer the Vithura sex scandal case to the special court set up by it, in Kottayam, to try the sensational Suryanelli case.

According to sources, the government has initiated steps for transferring the case from the Ernakulam Magistrate's Court to special court headed by justice Sasidharan Nambiar, in the light of the speedy trial of the Suryanelli case.

The special court judge on Wednesday had awarded rigorous imprisonment ranging from four years to 13 years, to 35 of the 39 accused besides imposing heavy fines ranging from Rs 10,000 to Rs 20,000 for compensating the victim girl.

Legal circles pointed out that the trial in the Suryanelli could not have been completed so fast if the special court was not set up.  If the case was left to the ordinary courts, the trial had to be held in diverse places like Idukki, Kottayam, Palakkad, Kozhikode, Thiruvananthapuram, Maduri and Kanyakumari since the girl was taken to these places by the accused.

A conspiracy case made out by the investigating team made possible the appointment of a special judge for conducting the trial.  The Vithura case is also similar in nature.

As in the case of the Suryanelli girl, the Vithura victim was also a minor one, who was raped by more than 40 persons for several days together after she was lured by a woman in her neighbourhood.

A prominent figure figuring in the case is noted Malayalam comedian Jagati Sreekumar.  The speedy trial of the Suryanelli case by the special court has led to a clamour from women activists for the trial of all major sex cases in the special court.

Women's organisations fighting against sexual exploitation of women have stepped up campaign for the trial of the Kozhikode sex scandal also, in the special court.

Ms K Ajitha, president of 'Anweshi', a women's organisation that exposed the Kozhikode sex scandal, told The Observer of Business and Politics that they would demand the trial of the case in the special court after the disposal of the case pending before the High Court and the Supreme Court.

The 'Anweshi' had filed the case in the High Court for inclusion of senior Indian Union Muslim League (IUML) leader and former Kerala industry minister P K Kunhalikutty in the case.  The case in the Supreme Court is for a Central Bureau of Investigation (CBI) inquiry into the case.

'Ajitha' said that the local police had failed to file a charge sheet against Mr Kunhalikutty despite finding his involvement in the sex racket, centering around an ice cream parlour in Kozhikode because of his political connections.

"People with high political connections are never punished," she added.

'Ajitha' said that though the women activists were happy about the punishment of 35 persons in the Suryanelli case, they were concerned about the people with high political connections escaping the arm of law.  She alleged that former Union minister P J Kurien's name was not included in the charge sheet after he had been given a clean chit by a special investigation ordered by the government prior to the 1996-Lok Sabha elections.

A court in Peermade had found prima facie case against him on a private complaint filed by the victim subsequently and had ordered filling a charge sheet against him.  The Supreme Court has stayed the judgement.  Many women activists have hailed the Suryanelli case judgement as a landmark verdict that would deter the men from indulging in sexual crimes.  Though the judge slapped jail terms and fines on all the 35 convicted, the case is far from over.  Originally there were 42 accused, but two were absconding at the time of pronouncing the verdict, and one of the accused passed away before the case was concluded.  Of the remaining 39, all except four were found to be guilty by the special court.  The case against the two absconding are pending before the Court.  The case against Mr Kurien might also come up in the special court if the SC clears the charge sheet.
 


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