Even as the Kerala High Court on Tuesday extended by two days the stay on the further proceedings initiated against former Minister Jose Thettayil in the sexual exploitation case, the State government told the court that Mr. Thettayil’s contention that there was a consensual sex could not be examined at this initial stage of investigation.
In a statement filed in response to Thettayil’s petition, M. J. Sojan, Deputy Superintendent of Police, Crime Branch said that the allegation against the MLA was that the petitioner had used criminal force to outrage the modesty of the complainant woman. Her consent for sex was obtained under inducements and promises. The totality of the facts and circumstances of the case should be looked into before adjudicating the innocence or guilt of the petitioner.
A portion of the FIR alone could not be taken as determining factor for deciding the final judgment in the case. Besides, more evidence was yet to be collected. The fact that the sexual act with the petitioner was recorded in a web camera at the instance of the victim could not be construed as consensual sexual act. She had to create a proof about subjecting her to sexual exploitation by making inducements to her. She had categorically stated that it was without consent.
The State government has sought the permission of the Kerala High Court to produce before it the case diary relating to the alleged sexual exploitation of a woman by former Minister Jose Thettayil.
The petition was filed by investigation officer M.J. Sojan when a plea by Mr. Thettayil against the first information report (FIR) filed against him was taken up for hearing.
The police submitted that there was no justification for the suspicious presence of Mr. Thettayil in the residence of the woman on various occasions. The evidence so far collected would throw more light on Mr. Thettayil. Therefore, it was highly essential that the court peruse the case diary, the prosecution submitted.