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By Jino M Kurian
The Suryanelli rape case is being trembled
on the doors of national politicians,once again. The case is raising several
issues on the prevailing social system. Whether the victim has suffered or has
been still suffering is a wretched inquiry, which makes the society an accused.
In the case of rape,only the victim can perceive her sufferings. No any other
can envisage her state of mind or assume them in victim’s state. People are recappingmysterious
allegations without ensuring the rights of the victim. She is still living
among the people who watch her as a deviant.
The judgment in the Joseph v SI of
Police ILR 2005(1) Kerala 554, 2005(1) KLJ 595,
2005(2) KLT 269 (well-known Suryanelli case) was totally distracting to the
society. The charges on the 35 accusers were quashed because of the insufficiency
of the evidence. The legal system pondersfor proof of evidences always;
otherwise the system might be condemned. The investigation team had given
prodigious efforts to discover the truth behind. Seventeen years ago a school
girl was induced and transferred to an illicit sex racket by her paramour. She
had been brutally raped and harassed by the criminals to whom she was moved.
Any civilization shall gazeat this heinous crime with embarrassment only.
Indian society has been contemplating the Suyranelli case frequently,because of the presence of a national leader in it. It has been deliberated among the judiciary and people by the last seventeen years. Most of the accused, including the national leader, were acquitted by the Kerala High Court on its judgment[1]delivered on 2005. Allegations were raised again when the case had been posted for hearing before the Supreme Court.Presently,the Supreme Court again referred the case to the High Court.
Meanwhile, media interviews with the victim and the alleged political leader revealed the circumstances led to the case. Even from the judgment of Kerala High court in P J Kurian v State of Kerala (2007(3)KLT36), the Honorable court observed that it is humanly impossible for the accused political leader to reach the commissioned place within the time mentioned. The facts of the case specify that accused was in the Idicula’s house, at Thiruvalla until 8pm. This place is around 118kms away from Kumily, where the crime was commissioned. He was using Idiculla’s land phone No. 630324, from 15.22 to 18.57 pm. In the interview[2] given by Prof. PJ Kurian to a News channel, he was stating that he was there at the Idicula’s house even after the break of the phone, which might be upto 20.00. Sukumaran Nair, the present General Secretary of the NSS given his witness statement that on the alleged day of crime (19.02.1996), P J Kurian was with him until 20.30 at Perunna, Chenganasherry, which is around 110 kms far from Kumily.
The investigation team found that after the meeting with the NSS leader, the accused is coming on phone at 22.25 only from the land phone of his home, which is around 14 kms away from Thiruvalla. The mysterious 1.55 hours in between the meeting of Sukumaran Nair and the telephone call of 22.25, made him under the shadow of doubt. Was it possible for a central minister, without escorts to reach Kumily from Chenganasserry and comeback his home, within this time?
One pathetical fact is the victim identified the accused only several days after the complaint made. Parents who were complained the incident also,had come to know about the absence of the name of the political leader among the accusers list, long after the framing of the charge. They made a private complaint to include him in the accusers list. It may ensue in the case of a village girl; she might not have noticed the face of a national politician, during the 1996 period, when media was not much popular as today.
A prudent man may search in the darknessto establisha conclusion. The court made judgmentsare the only dependable sources on which one man can rely on. Plea of alibi[3] of the accused, which would be convincingly proved from the time schedule of the accused, might be the reason for his acquittal from the crime.Awakened society, whilewitnessing the whole incidents, shall remember the words written on the walls of the court, "Let justice be done though the heavens fall[4]."
(The author is an Advocate enrolled with the Bar Council of Kerala. He is also a student at NALSAR University of Law)
[1] ILR2005(1)Kerala554,
2005(1)KLJ595, 2005(2)KLT269
[2]Interviewbroadcasted
by Asianet News Channel available at http://www.youtube.com/watch?v=OzWtGuiT1WQ&feature=youtu.be(visited
on 10 Feb 2013 at 12:00pm)
[3] Plea of alibi is a
defense available for the accused under Section 103 of Indian Evidence Act,
1872
[4] Meaning of latin
maxim Fiat justitiaruatcaelum
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