No anticipatory bail for Palakkad councillor who ‘cheated’ orphan woman with fake job

Justice A Badharudeen noted that the prima facie offence under Section 69 of BNS would be attracted.

The order added that in the instant case, two occurrences were stated, and the first one is consent obtained as already discussed by offering employment, and the second one is also by offering employment, highlighting his close relationship with the MLA, MP, etc.

‘Sexual intercourse obtained by deceitful means’

• The specific case is that the appellant/accused, who is not a member of either a Scheduled Caste or a Scheduled Tribe and a Councillor of the Municipality, developed a cordial relationship with the de facto complainant.
• It is discernible from the statements of the de facto complainant that she was taken outside for committing forceful sexual intercourse on the premise of meeting another man for the purpose of employment.
• It is well settled that consensual sexual intercourse between a male and a female would not attract an offence of rape.
• At the same time, when consent is obtained as stated in Section 64 of BNS, then consent is said to be vitiated.
• Section 69 of BNS provides that whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
• Here, the appellant/accused, a Municipal Ward Councillor and political leader, subjected the de facto complainant by deceitful means, by offering employment to her on the basis of his political position and also as a person having support from other leading politicians, but no job was also provided.

Case of exploitation of orphan under false promise of job

The appellant, aged 41 and a councillor of the Palakkad municipality, was booked for offences under the BNS and the SC/ST Act, 1989. According to the prosecution, he established an acquaintance with the survivor, an orphaned member of the native community, by promising her employment and highlighting his political connections with local MPs and MLAs.

The allegations state that in February, the appellant took the survivor out under the guise of a job meeting and subjected her to forceful sexual intercourse. The survivor subsequently became pregnant, after which the accused allegedly attempted to coerce her into terminating the pregnancy.

Appearing for the accused, senior advocate Sasthamangalam S Ajithkumar, along with others, submitted that the appellant/accused is innocent and he did not commit the offences alleged.

According to him, going by the FIS, the relationship is to be found as consensual in nature between two adult persons and, in such a case, Section 64 of the BNS has no application; if so, none of the other offences would attract.

Representing the state, the public prosecutor opposed the grant of bail and submitted that, on the facts of the case, where the appellant/accused, a Councillor, who has a relationship with the MPs and MLAs of the Congress party, had sexually exploited the victim, after maintaining a relationship on the promise of providing employment.