Court clarified that it cannot be called rape as it was done with an intention to ‘trap’
The Supreme Court on Thursday threw out a petition by an alleged rape victim against a sitting MlA of Kerala legislative Assembly finding it hard to accept that the woman had “surrendered” her body to the legislator’s lust in order to marry his son.
“In which world does it happen that you surrender your body in order to marry somebody elseIJ This is not ordinary human behavior,” remarked a bench of Justices TS Thakur and Vikramajit Sen. Since the alleged victim sought action against the MlA Jose Thettayil , after he succeeded in getting the case against him quashed by the Kerala High Court, the apex court dismissed her allegations to be a “trap”, suggesting, “There can be politics behind the petition.”
It was a unique case brought before the Court where the woman in question claimed that she was forced to have intercourse first with the son on the false pretext of marriage and later with the father, who assured her that the proposal would go through.
But the Court grew increasingly suspect of the victim’s claim as on the two occasions when the said MlA had sexual relation with her, she picked him up and brought him to the flat fitted with CCTV. Her plea that there was no consent but merely “surrender” in order to gather proof against the MlA and his son and to ensure they do not back out on the proposed marriage did not convince the Court.
“Was some kind of a ritual going on in the flat,” the bench put the poser to senior advocate Pinky Anand, who appeared for the woman. The Court agreed that the relief, if any, could be against the son, who was not party to the petition. However, the bench clarified that the case of rape against the MlA could not succeed as in both instances, the complainant had taken him to the flat. “How can you call it rapeIJ It is done with an intention to trap.”
Anand informed the Court that the victim had surrendered to the wishes of both the son and father in order to make her case strong. She had even confronted the duo with the CD that recorded their visits. She said that a separate petition against the son was pending in the High Court. “You may have a case there. But this petition stands on a different footing. Dismissed,” the bench held.
The case against the Janata Dal MlA had stirred huge controversy as he is also an advocate of high repute. With the tapes showing intimacy of the politician-son duo with the woman came into public domain, a case of rape was registered by Judicial First Class Magistrate Court at Aluva. The Kerala High Court on August 1, 2013 ordered quashing of the FIR.