The Kerala High Court has taken a tough stand in the case of sexual exploitation of a Dalit woman on the pretext of a job and lifelong companionship. Expelled Congress councilor M.A. Prasobh was denied anticipatory bail.
The Kerala High Court on Tuesday dealt a major legal blow to expelled Congress councilor M.A. Prasobh. The court rejected his anticipatory bail plea in the case involving the sexual exploitation of a Dalit woman on the pretext of a job and lifelong companionship.
A bench headed by Justice A. Badruddin upheld the previous order of the Special SC/ST Court, which had rejected the former councilor’s pre-arrest bail application. The lower court had clearly held that a prima facie case was made out against the accused.
The case was registered at the Palakkad Town South Police Station. The serious allegations surfaced, causing significant political embarrassment for the Congress in Palakkad, leading to the expulsion of the accused from the party.
This issue has also been politically sensitive. Even during the assembly election campaign, the CPI-M used this incident as a major political weapon against the Congress.
According to the prosecution, despite being already married, M.A. Prasobh remained in contact with the complainant for approximately one and a half years. It is alleged that he repeatedly engaged in physical relations with her by falsely promising her employment and lifelong support.
The victim, who belongs to the Scheduled Caste community, claims in her complaint that she became pregnant during this relationship. When the affair became public, she was threatened and abused.
Based on the victim’s complaint, the police have registered a case against Prasobh under various sections of the Indian Penal Code (IPC). These include rape, sexual exploitation by false pretenses, and criminal intimidation. He has also been charged with stringent provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Pleading for anticipatory bail in the High Court, the defense lawyer argued that even if all the allegations are accepted as true, this appears to be a case of a completely consensual relationship between two adults.
The defense also argued that the SC/ST Act had been misused in this case, and therefore, the statutory bar on bail under the Act should not apply. They claimed that the special court did not record any clear finding substantiating the rape allegation and denied bail solely on the basis of the SC/ST Act.
However, the complainant’s lawyer strongly opposed the bail plea, stating that the accused had emotionally and sexually abused the woman over a prolonged period.
The victim stated in her complaint that she first met Prasobh when his father, who runs a tea stall, allegedly abused her.
The woman alleges that after that incident, Prasobh persuaded her not to file a police complaint. He then gradually won her trust by promising her a job and security, trapping her in his net.
Now, after the Kerala High Court rejected her anticipatory bail plea, the expelled councilor’s troubles have increased significantly. As the investigation progresses, the threat of arrest hangs over M.A. Prasobh.
Rajan Chaudhary
Courtesy: Hindi News