Stranger than fiction: Madras HC acquits Accused, makes witness Accused instead

Following a peculiar trail of events, the Madras High Court was recently constrained to order a fresh trial along with the arraignment of a prosecution witness as the main accused, in a case involving the kidnapping and sexual assault of a child..This, after the Court found that the witness appeared to have framed a false prosecution narrative which eventually resulted in the conviction of an innocent man..Echoing the view forwarded for the appellant-accused that the case was a replica of a Tamil Film (in particular, the film Vazhakku Enn 18/9), the Bench observed,.“It seems that PW 8-Kaatu Raja with an elan and ease of a good script writer had developed the entire prosecution story from an one liner, which spin around his side-kick Iyyappan. .The climax sent the innocent behind the bars, while the manipulator went whistling Scott free.“.The minor victim, then about six years old, was kidnapped and found bleeding out of her face and private parts back in 2008. A case was registered against a coolie, Iyyappan, whom the trial court eventually convicted for the crime..This was despite the fact that both the minor victim and her parents maintained that the real culprit is their landlord, named Kaatu Raja, under whom Iyyappan had worked..“So far as the parents of the victim are concerned, they are repeatedly claiming that the accused herein [Iyyappan] is not the person involved in the occurrence, but it is only PW 8-Kaatu Raja. Though litigation may not be a luxury for them still they are consistently knocking at the doors of this Court seeking proper investigation in the case.”.Iyyappan had come under the scrutiny of the police after Kaatu Raja informed them that he was the only unmarried man in the area. Further, Kaatu Raja’s minor daughter also testified that Iyyappan had paedophilic inclinations and that he had asked for sexual favours from her previously. The police charged Iyyappan with the crime after they found a DNA match between blood stains found on his clothes and those of the minor victim..However, at no stage were the allegations raised against Kaatu Raja even investigated by the police..Iyyappan challenged his conviction before the Bench of Justices S Vimala and S Ramathilagam, as having been based on false charges and fabricated evidence..The High Court in turn tore apart the prosecution’s case, ultimately concluding that it was nothing short of a mockery of justice. The Bench remarked,.“But here is a case where the voice of the screaming child is silenced by : (a) fabrication of false documents; (b) choosing the accused; (c) making the accused as a witness and the witness as the accused: and (d) making the power centres to agree for this manipulation….… A doting dad [Kaatu Raja] has turned into a drama director making his own daughter to make accusations just to make his side-kick to fit in the mould of a Villan (accused) with a dreadful prior history.”.The Bench also noted that allegations made by Kaatu Raja’s daughter of having suffered sexual abuse herself were not treated with due seriousness. The High Court observed that ideally, additional charges ought to have been filed. However, in this case, no such steps were taken. Therefore, the Court concluded that the same was only used to lend credence to an otherwise flimsy case against Iyyappan..“… in all probability, the evidence of PW 7 [Kaatu Raja’s daughter] might have been let in only to give a colour of seriousness and truth [to charges pressed against Iyyappan] and not sensibility normally expected of, in such circumstances.“.Given these observations, the Court acquitted Iyyappan of all charges..Further, in view of the consistent stand of the minor victim and her parents that Kaatu Raja was the offender, and the complete absence of any investigation against him, the Court ordered a fresh trial in the case with Kaatu Raja as the accused. The Bench remarked,.“When the child has stated once before the Doctor, once before the Police and once before the Court (during 164) that it is only PW 8-Kaatu Raja, who is the culprit, what is the difficulty for the Court to proceed against PW 8-Kaatu Raja is a mystery to be found out.“.The Court has directed that the fresh trial be completed within three months from the date of the order, i.e. by December 12.