Invoking the provisions of the new ordinance promulgated in wake of the Delhi gangrape incident, the victim in the Suriyanelli case filed a police complaint on Friday insisting that Rajya Sabha deputy chairman PJ Kurien be made an accused.
The victim and her parents went to the police station but the assistant sub-inspector refused to register the complaint, saying the sub-inspector was not present but only accepted it, her counsel Anila George told PTI.
Kottayam SP C Rajagopal said, "As per the provisions of the Kerala Police act, when a petition is received, it is entered in the registry and a receipt given." He said as per his information, a receipt has been given to the victim's counsel.
The officer said since the Suriyanelli gangrape case is pending before the high court, "we need more legal opinion". The petition was addressed to the sub-inspector, he said.
When pointedly asked if the petition was registered, he said when a receipt is given, it means that the petition has been registered.
George said the victim's plea was to make Kurien an accused as so far there is no police case or FIR against him.
"When his name came up, police gave alibis and they have come to the conclusion that it was not possible for Kurien to be at the Kumily rest house because of the alibis. So he was never made an accused," she said.
The counsel said in the light of new amendment to CrPC 166A, when a girl makes a complaint, police are bound to register a crime and on their failure, they are liable to be prosecuted.
The amendment is contained in the ordinance on sexual violence against women which was recently promulgated by President Pranab Mukherjee against the backdrop of the gangrape and brutal assault of a 23-year-old girl in Delhi in December that led to nationwide outrage.
The complaint, lodged at Chingavanam police station, also sought that Dharmarajan, an absconding convict who had jumped bail in the case and was arrested recently from Karnataka, and two other persons, Unnikrishnan and Jamal, also be arraigned as accused.
According to the complainant, Dharmarajan had told a television channel that he had accompanied Kurien to Kumily rest house in his car on February 19, 1996 where the victim had been sexually exploited.
Kurien's name figured again in connection with the case recently after the victim wrote to her advocate to explore the possibility of filing a review plea in the Supreme Court, seeking a fresh probe against him. Kurien has maintained he has been cleared of the charges by the apex court.
The Supreme Court had recently quashed the Kerala high court's acquittal of 35 accused in the case.
The case relates to the victim hailing from Suryanelli in Idukki district of Kerala being abducted in January 1996 and transported to various places and sexually exploited by different persons.