Girl, interrupted

Her father told this to a local circle inspector, who abused him and sent him away. Later, the father petitioned Chief Minister E K Nayanar of the CPM for help.

The police probed the complaint, but concluded that it was physically impossible for Kurien to have been at the guesthouse on February 19 as he was far away from there that evening.

On March 15, 1999, the family moved a private petition in a magistrate's court at Peerumedu in Idukki, seeking a probe into Kurien's role. The court examined four witnesses who had stated that Kurien was at the guesthouse that day.

The court found "sufficient ground for proceeding against Kurien based on the evidence".

Summons were issued to Kurien, who moved the high court and got the magistrate court proceedings quashed on April 4, 2007.

In the same year, the CPM government moved the Supreme Court against the relief to Kurien from the high court. On November 17, 2007, the Supreme Court upheld the high court verdict.

The high court trial

On January 20, 2005, the Kerala high court acquitted all the accused except Dharmarajan in an appeal moved by the accused.

Dharmarajan's jail term too was commuted to five years.

The high court's reasoning for this was that the girl was a willing party to the assaults.

"This court has found that the allegations of rape are totally unbelievable." It cited the testimony of the doctor who, it said, had examined the girl and stated that there was no sign or evidence of resistance — though it was not a conclusive factor to determine her consent.

"Even in the wake of the unfortunate plight of the victim, the trauma of parents, the court cannot lose its poise and be swayed. Objective and critical analysis is the unavoidable duty of the court," said the Bench of Judges R Basant and Abdul Gafoor.

... contd.

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