The High Court on Friday adjourned to July 24 hearing of further arguments on a petition filed by Jose Thettayil MLA seeking to quash the FIR registered against him based on a complaint alleging sexual exploitation. Counsel for the woman submitted that Thettayil had sexually exploited her without her consent.
The petitioner had promised to give his son in marriage to her before sexually exploiting her. She said the petitioner and his son had later withdrew from the promise. She was subjected to sexual exploitation by Thettayil without her consent and against her will. Whether there was consent or not could be established only by conducting an investigation into the matter which essentially required the custodial interrogation of the accused as well.
The government contended that the petitioner had used criminal force to outrage the modesty of the complainant. Her consent for sex was obtained under inducements and promises.