By Ashraf Padanna/Thiruvananthapuram

A woman had in June alleged that she was raped by the Janata Dal (Secular) legislator a year ago. She claimed the ex-minister had promised to get her married to his son Adarsh, who also faces charges of sexual exploitation.

The woman also released sleazy videos of the 63-year old minister and herself to the local television media.

After the visuals were telecast, Thettayil went into hiding and surfaced 17 days later on July 10, after the court stayed further action on the woman’s complaint and the first information report of the police.

In his 141-page judgment, justice P Bhavadasan remarked that the state appeared to be “desperate to take aid of any material to book the petitioner even though the complainant herself has no grievance against the aspects pointed by the DGP”.

The court also pointed out that the woman, a post-graduate in computer applications, could have reacted had the legislator behaved in an improper manner.

The court said it was clear from the visuals that it was the woman, not the other way round, who took the initiative in having an affair with the legislator.

The complaint does not contain the necessary ingredients, even prima facie, to attract rape charges under Indian law, the judge ruled.

When it heard the case last month, the court observed that rape charges would not apply against the minister. The court stayed the case for 10 days.

In his petition, the legislator from Angamally contended he had not done any offence punishable under the rape law.

The averments and allegations of the woman were absolutely false and politically motivated, he said.

The woman claimed Thettayil was misleading the court and she would appeal to the Supreme Court against the verdict. She insisted that the duo exploited her emotionally, physically and financially.

“Let him ask himself if what he has done is right. He appears to have got away with misleading the court, but I have decided to approach the apex court seeking justice,” she said.

A relieved Thettayil, who in his petition also wanted a case to be made against the woman for circulating the visuals, said he would continue to work and function as a responsible legislator.

“I have always been maintaining that the evidences were doctored and there’s political motivation,” said the legislator, who was not seen in the state assembly ever since the scandal broke.

The woman filed the complaint with the police and released the visuals on June 23.

The clippings have since gone viral with more than a million hits on the video sharing website, Youtube. The police registered a case against Thettayil and his businessman son for sexual harassment based on her complaint.

The state government also formed a team headed by a woman Indian Police Service (IPS) officer, who took a statement from the woman and started investigation.

In the petition filed through his lawyer, Thettayil, the transport minister in the V S Achuthanandan government, contended that he has not done any offence punishable under the Section 376 (rape) of the Indian Penal Code. “It is reliably understood that the woman had been instigated by some prominent leaders of the ruling political front to fabricate a false case and to file a frivolous complaint against the petitioner and his son with the ulterior motive to tide over the political crisis prevailing in the state,” the plea said.