Kerala Court Acquits Former MLA Eldose Kunnappillil In Rape Case After Complainant Retracts Statement
The Fast Track Special Court - I, Neyyattinkara on Tuesday (May 26) acquitted former MLA Eldose Kunnappilil in the rape case alleged against him.
Special Judge Smt. Suja K.M. acquitted Kunnappillil and two others after observing that there was no evidence on record to prove the prosecution allegation as the witnesses did not support the case and turned hostile.
The victim, when examined by the prosecution, stated that Kunnappillil did not rape her or subject her to sexual harassment. The two other prosecution witnesses also turned hostile to the prosecution case. Thereafter, the other witnesses were given up.
The prosecution allegation was that the former MLA of Perumbavoor compelled the victim to visit the MLA hostel at night by continuously calling and messaging her and, by employing threats and physical assault.
It is alleged that on July 4, 2022 at about 5 pm, Kunnappillil reached Pettah Railway Station and took the victim in his car to a building, on the pretext of attending a meeting, and thereafter, forcibly took her into a room and raped her. It is further alleged that he raped the victim on multiple other occasions.
The prosecution also alleged that the 2nd accused, one Reneesha, who was friend of Kunnappillil repeatedly called the victim over phone and threatened her by stating that she would be implicated as honey-trap operator. 3rd accused Sippi Noorudheen is alleged to have threatened the victim by misrepresenting himself as a Jail Superintendent and stating that he received a complaint from the 2nd accused.
Kunnappillil was accused of the offences under Sections 323, 366, 354, 506(i), 354B, 376(2)(n), and 307 r/w 34 of the Indian Penal Code whereas the accused Nos.2 and 3 were accused of the offences punishabke under Section 506(i) r/w Section 34 of the Indian Penal Code.
"The prosecution examined the victim before the court. She is PW1. She did not support the prosecution's case stating that the 1st accused had not raped her or subjected her to sexual harassment or the accused Nos.2 and 3 had not criminally intimidated her. A friend of the victim was examined before the court. He is PW2. He did not support the prosecution's case stating that he had not seen the transaction. The prosecution examined another witnes. He is PW3. He also had not supported the prosecution's case stating that he does not know the transactions in the case. The other witnesses were given up. There is no evidence on record to show that the accused voluntarily caused hurt to the victim or used any criminal force against her or outraged her modesty or raped her or attempted to murder her or any of the accused criminally intimidated her," the court had observed.
Thereafter, the court went on to acquit all the three accused.
Case No: SC No. 2362/2024
Case Title: The State of Kerala v. Eldose Kunnappillil and Ors.
Special Prosecutor: F. Vinod
Counsel for the accused: Suneesh D. and Abhishek Nair M.R.