No evidence to prove rape, murder in Kallakurichi girl's death: HC

CHENNAI: Observing that there was no evidence to prove that the Kallakurichi schoolgirl was raped and murdered, the Madras High Court granted bail to the private school’s correspondent, secretary, principal, and two teachers.

Justice GK Ilanthiraiyan made this observation on disposing of the bail applications filed by Kiruthika Jayaraj, maths teacher, L Haripriya, Chemistry, EC Ravikumar, correspondent, R Shanthi, secretary and Sivasankaran, principal.

“It is confirmed that there is no evidence to attract the offence under rape and murder. Though the counsel for intervenor appearing for defacto complainant levelled so many contradictions between both the Autopsy reports, it would not attract the offence of rape and murder,” Justice Ilanthiraiyan held.

The judge directed the principal, correspondent, and secretary to stay in Madurai and report before the Madurai Tallakulam police station at 10.30 am and 5.30 pm for four weeks. The court ordered the two teachers to stay in Salem and report before Sevvapet police station at 10.30 am and 5.30 pm for four weeks.

The judge came to the conclusion after taking the conclusions of the first and second autopsy reports as well as the opinion of the JIPMER expert committee which analysed the post-mortems.

The post-mortem reports stated that the deceased would appear to have died due to the effects of multiple injuries sustained (chest, abdomen and pelvis).

The JIPMER expert committee informed the court that the findings in both autopsy reports, videographs and ancillary supplied documents corroborate with the opinions as to the cause of the death as mentioned in the postmortem reports. “The musculoskeletal findings in the second postmortem report and second postmortem report video corroborate with the radiology findings and are consistent with the opinion therein, ” the report read.

The judge further held that even as per the suicidal note, there is no evidence to show that the petitioners instigated the deceased to commit suicide soon before her death, adding, “it is very unfortunate that the petitioners are now been arrested and under imprisonment for advising the students to study well.”

“It is an unfortunate and sorry state of affairs that the teachers who teach the students are facing threats from their students and their respective parents. Further, the teachers when they are directing their students to study well and directing the students to tell the derivation or equation, it is part and parcel of the teaching and it would not amount to abetment to commit suicide” the judge noted.

“However, this Court regrets the death of a student who committed suicide after facing difficulties in her studies. It should not happen in future, ” the judge held.

The complainant/ parents submitted that there were multiple injuries on the breast, pelvic bone and ribs and they found blood stains in the inner garments of the girl. The complainants claimed it should be rape and murder.

However, the judge pointed out that while the girl jumped from the third floor and touched the floor she had several injuries. “In respect of the blood stain in the inner garments is concerned, it is due to the extravasation of blood in the surrounding para vertebral muscles and therefore there was an ooze out of the blood and it leads to her inner garments. Further, there are no injuries found on her private parts. The red colour mark found on the third floor near the staircase is not a blood stain. It is analysed by experts and reported that it is red colour paint,” the judge concluded.