Giving fresh hopes to the victim of Kerala’s infamous Suryanelli serial rape scandal, the Kerala High Court on Thursday questioned the sincerity of the State Government in opposing the plea of PJ Kurien, presently Rajya Sabha Deputy Chairman, for discharge from the case back in 2006.
Taking up a petition filed by the victim of the sex scandal seeking review of the 2006 High Court order discharging Kurien from the case, Justice P Bhavadasan criticised the lower court by saying that it had perhaps not adhered to the Criminal Procedure Code over the demand for naming Kurien as an accused. The court should have heard the victim’s argument, he said.
Stating that the petition of the victim implied serious legal issues, Justice Bhavadasan left it for the consideration of a division bench. The victim had said the High Court had exonerated Kurien without making her a party to the case or hearing her. She sought recall of that judgement and pronouncement of a fresh order after hearing her.
The judge said that the stand adopted by the State Government on the petition filed by Kurien in the High court in 2006 seeking discharge was disappointing. He said the Government’s position had generated a feeling that its objections to Kurien’s plea were insincere and that it had not given the required seriousness to the discharge of the Congress leader.
The court observed that one could not find fault with the victim if she felt that the Government’s appeal in the Supreme Court against Kurien’s discharge from the case as a mere formal procedure. In the very next paragraph of the judgement, the judge criticized the lower court for not hearing her arguments.
The court had on November 25 said that Kurien’s discharge without hearing the victim was improper. Justice Bhavadasan pointed out that the rape victim had to file a private petition as she had suspicions in the conduct of the investigators who had found Kurien not guilty. He also said that the consideration of the Government was not the interest of the victim.
The victim had said in the petition that there was failure on the part of the Prosecution in arguing the case in 2006. There was nobody to effectively oppose the arguments of Kurien, she pointed out. The court had not sought her explanations or arguments, she said.
The case pertains to the brutal serial rape of the girl – then 16 years old – from Suryanelli village in Idukki district by 42 men over 41 days in the beginning of 1996. Though a special court set up in Kottayam had sentenced 36 accused to imprisonment of varying terms in 2,000, the High Court acquitted 35 of them in 2005.
The victim has for the past 17 years been consistent in her allegation that Kurien was one of her tormentors. However, the Kerala Police had found no evidence to link Kurien with the incident. According to the police, Kurien could not have reached Kumili, Idukki, where he had raped her according to the victim, at the time she specified on the particular day.
The Supreme Court had on January 31 last asked the High Court to review its 2005 verdict, which it termed as shocking, and complete the process within six months (this has now been extended to January 31). Following this, the victim requested the Kerala Government for a probe against Kurien, but this was turned down.
She approached various courts again seeking probe against Kurien after third accused Dharmarajan, who had jumped parole in 2005, claimed that Kurien had raped the girl and that he himself had taken him to the place where the victim was held captive. However, these petitions also were rejected after Dharmarajan retracted his statement.