KOCHI: The prosecution submitted the investigation in the case is in the embryonic stage and said it cannot give an undertaking before the court the petitioners will not be arrested.
The petitioners produced an affidavit executed by the victim along with their petition. “Even if the allegations in its entirety are assumed to be correct, without admitting, the same does not make out an offence under section 376 (rape). The entire allegation reveals that the sexual intercourse if any, was fully consensual and there is not even any allegation that the consent was vitiated by fraud in any manner,” the plea stated.
According to the priests, the affidavit of the victim clearly admits the entire incident occurred after the victim attained majority. Thus, the allegations do not reveal non-consensual sex.
They further submitted the crime has been registered solely owing to the political pressure put by certain vested interests to draw political mileage. The petitioners apprehended that if they appear before the police they will be arrested and manhandled.