In a key construction, the survivor within the first of 3 rape circumstances registered in opposition to Member of Legislative Meeting (MLA) and previous Congress chief Rahul Mamkootathil has moved the Preferrred Court docket difficult an order of the Kerala Top Court docket which granted him anticipatory bail within the case.
The rape case used to be registered after the survivor and her circle of relatives submitted a written criticism immediately to Kerala Leader Minister Pinarayi Vijayan on November 27, 2025, accusing the MLA of rape, being pregnant thru sexual attack and compelled abortion.
She additionally alleged that Mamkootathil recorded their intimate movies with out her consent and threatened to flow into them if she didn’t comply together with his calls for.On February 12, Kerala Top Court docket single-judge Justice Kauser Edappagath granted Mamkootathil anticipatory bail within the case.
In her petition difficult the similar, the survivor argued that the MLA’s movements fall squarely underneath the definition of ‘rape’ underneath Segment 63 of the Bharatiya Nyaya Sanhita (BNS).She additionally objected to positive observations made by way of the Top Court docket in its order, in particular referring to there being a consensual courting between her and Mamootathil, with references to her many times visiting the MLA.
The survivor argued that such remarks weren’t simply unwarranted however had been additionally no longer enough explanation why to grant anticipatory bail. The Top Court docket’s observations amounted to wondering her personality, the survivor submitted.”The Hon’ble Top Court docket erred to comprehend that no one has proper to sexually attack the sufferer given that she voluntarily got here to his room. Simplest for the reason that sufferer had identified the accused or that she used to be in cordial family members with him, won’t make her chargeable for the sexual attack,” the plea said.
She additional argued that previous relationships or previous consensual sexual sex don’t grant perpetual blanket consent.Some other competition raised by way of the survivor is that coercing her to devour medicine for abortion underneath repeated threats of suicide falls underneath Segment 69 of BNS, which penalises inflicting miscarriage and not using a lady’s consent.
The survivor additionally alleged in her plea that Mamkootathil has a dependancy of preying on susceptible girls who’re in misery, marriages, or separated from their spouses. On this regard, she pointed to the truth that 3 rape circumstances were registered in opposition to Mamkootathil thus far. She additionally claimed that, as consistent with knowledge supplied by way of the government, just about ten sufferers were recognized, together with one minor.
She additional argued that the Top Court docket didn’t remember the placement of energy that Mamkootathil continues to carry. Mamkootathil has secured a fan following for himself and those enthusiasts were cyberbullying and sending threats to her, the survivor claimed in her petition.
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