In a big relief to Jose Thettayil MLA, the Supreme Court on Thursday rejected a petition accusing him of sexual harassment.
The court said the woman, who had levelled charges of sexual abuse against him, was in fact trying to trap the Janata Dal (S) leader, also a former minister, and it was not a rape as alleged by her.
The apex court also observed that the charges raised by the woman, a native of Aluva, were politically motivated.
The Bench, headed by Justice T S Thakur, noted that the woman had invited Thettayil to the flat and captured intimate moments on camera.
The court dismissed her plea stating that Thettayil did not commit rape and instead the complainant was laying a trap for him.
The Bench expressed its surprise on how a woman could enter into a consensual act with a man and ask him to get her married to his son.
It said that prima facie no evidence exists against Thettayil.
The complainant had made it clear in an affidavit that she wanted to teach Jose Thettayil a lesson and hence had laid a trap for him. The act by the woman reveals that her only intention was to trap Thettayil, who represents Angamaly in the state Assembly, the Supreme Court opined.
The Kerala High Court on August 1, 2013, had quashed the rape case registered against the MLA and held that the charge was legally unsustainable, as it found that a complaint lodged by the woman did not contain ingredients prima facie necessary to attract offence under Section 376 of the Indian Penal Code, while allowing a criminal miscellaneous complaint filed by him challenging the FIR registered by the Aluva police on the basis of the woman’s complaint.
The woman filed the plea in the Supreme Court challenging the High Court verdict.
The Aluva police on June 22, 2013, had registered a rape case against the MLA and his son based on the complaint of the woman.