The Hindu : Kerala News : Case against Kunhalikutty: court to consider plea

Online edition of India's National Newspaper
Sunday, Apr 03, 2005

Kerala

Kerala

Case against Kunhalikutty: court to consider plea

By Our Staff Reporter

KOZHIKODE, APRIL. 2. The Kozhikode Judicial First Class Magistrate Court (IV) today said it would look into a petition filed by social activist P.J. Sebastian to withdraw the litigation to name the IUML State general secretary, P.K. Kunhalikutty, as an accused in the Kozhikode ice-cream parlour sex racket case.

The Magistrate, P. Sasidharan, said the court would consider whether the earlier petition could be withdrawn and pass orders in this regard on April 30.

The Magistrate asked Mr. Sebastian on what basis he could withdraw the petition, as it was being proceeded under Section 376 (punishment for rape) of the Indian Penal Code (IPC).

He also observed that although the original petition was filed by Mr. Sebastian, the aggrieved person was Rejina, a key witness and victim in the ice-cream parlour sex racket case.

Mr. Sebastian argued that he wanted to withdraw the petition under Section 203 (Dismissal of complaint) of CrPC.

Meanwhile, M.S. Saji, through whom Mr. Sebastian moved the original petition today submitted a statement in the court that he did not want to continue as the plaintiff's advocate.

It was on March 18 that Mr. Sebastian had filed a petition seeking withdrawal of his complaint.

`Not a minor'

While attributing reasons for withdrawing his complaint, Mr. Sebastian said that he had now obtained a copy of the passport and SSLC book of Rejina to prove that she was not a minor during the time she had been sexually exploited.

He also stated that the Division Bench of the High Court of Kerala had recently dismissed a batch of writ petitions seeking to prosecute Mr. Kunhalikutty on the basis of the statements made by Rejina.

In his earlier complaint filed in December, Mr. Sebastian had stated that Rejina had disclosed before the media in October that Mr. Kunhalikutty had sexually exploited her in Kozhikode, Shoranur and Thiruvananthapuram when she was a minor. Mr. Kunhalikutty had then used his money and muscle power to destroy evidence against him and that the investigating officers had failed to name him as an accused in the case, he alleged in his complaint.

The Court had then issued orders under Section 202 of the CrPC to directly collect evidence of witnesses. It had so far examined the former chairperson of State Women's Commission, Sugathakumari, the CPI leader Meenakshi Thampan, social activist Ajitha, V.M. Deepa and M.P.Basheer, correspondents of Asianet and Indiavision television channels respectively.

Meanwhile, Mr. Sebastian had to face an unruly mob in front of the court following his intention to withdraw the petition.

As he was coming out of the Court, the protesters, including women activists, allegedly of the CPI (ML-Red Flag) and Anweshi Women's Counselling Centre booed him.

Printer friendly page
Send this article to Friends by E-Mail

Kerala