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The lawyers contended that she was also aggrieved because, even though the petitioners had offered her financial help and made promises such as assisting with her child's education and helping her purchase a house, none of these promises were fulfilled by the petitioners
The Kerala High Court has recently granted anticipatory bail to two lawyers who were accused of raping their client.
Justice Gopinath P heard the pre-arrest bail plea filed by the two lawyers who had been representing a client in a divorce case. The client alleged that the two lawyers had raped her.
She claimed that she had approached one of the lawyers for legal help in a divorce case and was subsequently called to a hotel where she alleges the lawyer spiked her drink and raped her.
She claimed that the lawyer promised to buy her a house and pay for her daughter's education.
Furthermore, she alleged that the abuse continued, and one day she was called to Tellicherry where the second lawyer (a colleague of the first lawyer) was present and also abused her.
She further claimed that the first lawyer had recorded certain nude pictures and videos of her.
The lawyers argued that the victim was aggrieved because she had not received sufficient compensation following her divorce.
They added that she was also aggrieved because, even though the petitioners had offered her financial help and made promises such as assisting with her child's education and helping her purchase a house, none of these promises were fulfilled by the petitioners.
Therefore, she sought action to settle these disputes. They further stated that, on the advice of friends and relatives, they had also deposited Rs. 3 lakh in the victim's account.
Following the money transfer, the victim provided a statement to the police stating that the relationship was entirely consensual, and that she did not wish to pursue any complaints.
However, the court was informed that she subsequently filed a new complaint with distinct and very serious allegations against the petitioners, leading to the registration of a rape case against them.
The bench noted that the victim had filed a complaint after she was not aggrieved with the compensation received from the proceedings of the family dispute.
“While this itself may not be fatal to the prosecution case, it lends credence to the argument of the learned counsel for the petitioners that the de facto complainant / victim had actually filed a complaint being aggrieved by the fact that she had not received sufficient compensation in the proceedings before the Family Court,” the court observed.
The high court also recorded that though the victim met the lawyer in 2021 but the complaint was filed only in June 2023.
“A cumulative reading of all the complaints preferred by the de facto complainant / victim would indicate that she was abused right from the time she had first approached the 1st petitioner seeking his professional help. However, the first complaint seems to have been filed only on 30-06-2023,” the bench noted.
Therefore, the bench proceeded and granted anticipatory bail to both the lawyers on executing a bail bond of Rs. 50000 each.
Case title: MJ Jhonson & Anr vs State of Kerala & Ors
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