Dharmasthala rape-murder case: As pressure from protests mount, Karnataka mulls legal avenues

The victim’s family alleged that the perpetrators of the crime roamed free and named those they suspected were behind the gruesome crime.

According to sources, the possibility of a de novo trial – a new trial – is also being considered.

“Discussions are on with the law secretary and the advocate general about the options the government has. These are all preliminary and yet to reach the ministerial level,” a source privy to the developments said.

“A discussion is going on (about the case). A complete re-investigation is not permissible in law unless a court directs a de novo investigation. There have been such trials in the past,” the source added.

Since the acquittal in the Dharmasthala case is based on the probe by the Central Bureau of Investigation (CBI), the agency will have to approach the court to further investigate the case.

“Also, even if a retrial is ordered, the person who was acquitted is free to challenge the order,” the source said, adding that it was “too difficult to do anything”.

A Supreme Court judgement in 2021 said that though Section 386(a) of the CrPC empowers a High Court to reverse an order from a lower court and “direct that a further enquiry be made or that the accused be retried or committed for trial, the power to order a retrial is of an exceptional nature…” The top court made the observation while hearing a case wherein a woman had died by suicide after being allegedly gang-raped in Punjab in 2012.

In the past, Karnataka Home Minister G Parameshwara had said that the Dharmasthala case was a closed chapter and there was no proposal to reopen the case.

Ever since the Special CBI court acquitted Rao, massive public protests have been held in Dakshina Kannada and other districts of the state demanding justice for the victim by punishing those responsible for the act.