KOCHI: The allegation of rape made after 16 years is prima facie not believable due to the long delay and because such relationship is to be considered consensual, the Kerala High Court has observed. Quashing the rape case against Biju P Vidya of Pathanamthitta, Justice A Badharudeen said the complainant alleged that the petitioner raped her in 2001, but the first information statement (FIS) was given in 2017.
The prosecution said Biju sexually assaulted the complainant, a married woman and a mother, in June-July, 2001. However, Biju argued that the FIS was given on February 22, 2017, based on which an FIR was registered against four people. Later, three people were dropped and a final report was filed only against him. He said the 16-year delay in disclosing the acts, where it is also alleged he borrowed Rs 20 lakh during the relationship and failed to return it, indicates the relationship, if any, is the outcome of consent.
The HC said the rape allegation was raised with ulterior motives, particularly when money from the accused was allegedly due. Also, the complainant now has no grievance and has filed two affidavits stating the issue is settled, it said.