KOCHI: Noufal, the ambulance driver from Kayamkulam who allegedly raped a COVID-19 patient while taking her to the hospital, on Tuesday approached the Kerala High Court seeking bail in the case. The sessions court in Pathanamthitta had dismissed his bail plea earlier.
The petition was filed through advocates Omar Salim and K Remiya Ramachandran. The High Court will consider the case on Wednesday.
The prosecution alleged that the 19-year-old woman was subjected to sexual assault inside an ambulance while being shifted to a COVID care centre in Pathanamthitta. The accused stopped the ambulance driven by him at a spot which is the proposed site for Aranmula Airport, then stepped into the back of the ambulance and locked the door, thus wrongfully restraining the woman, and thereafter committed rape, stated the police report.
The petition stated that there was no evidence in the medical report of the victim to substantiate the allegation of rape. The medical report stated that the hymen of the victim was intact and there was no sign of rape. The medical certificate was silent with respect to the bite injury alleged to have been inflicted by the accused.
The Supreme Court had stated that rape causes the greatest distress and humiliation to the victim but at the same time, a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication.
The petitioner also submitted that there was nothing on record to prove that the offence alleged was committed only on the ground that the victim was a member of the SC/ST community. Hence, the offences under sections 3 (i) (w) (i) and 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 will not be attracted.
The petitioner submitted that he is in custody since September 6. The investigation into the case was completed and a final report was filed. Hence, further incarceration of the accused is not needed, stated the petition.