Kerala HC dismisses anticipatory bail plea of accused in Olympian Mayookha's friend's rape case
Aug 13, 2021
(Kerala) [India], August 13 : Kerala High Court dismissed the anticipatory bail plea of CC Johnson, a former Pastor and a trustee of Emperor Emmanuel Church, Mooriyadu in Thrissur district, who is an accused in a rape case of Indian athlete Olympian Mayookha's friend.
The Court directed the accused to surrender forthwith and co-operate with the investigation.
Single Bench of Justice Shircy V observed while dismissing the plea that, "The fear of social concern about the honour of the family and the family life leading by her would make a woman extremely reluctant in disclosing an incident of rape. When a woman is ravished, a deep sense of deathless shame is caused to her more than the physical injuries. No doubt rape is one of the most heinous atrocities committed on a woman in our society. Sometimes she could not reveal her ordeal to anyone."
Court further said, "Mere delay in lodging the complaint cannot be considered as a strong ground to throw away the case of the victim. The alleged incident was on July 9, 2016. She preferred the complaint almost after four years. Law is well settled that delay in lodging the FIR in a rape case is not of much significance. There was no such attempt on the side of the investigating agency to collect the details, if any, available in the mobile phone of the accused."
"Immediately after the incident, the victim had consulted a lady doctor. Whether the investigating agency could gather any supporting evidence from the doctor with whom the victim had a consultation immediately after the incident, is also not revealed from the records. Hence, custodial interrogation of the accused is inevitable for the investigating agency to have an effective investigation in this case," it added.
This case came to light after Olympian Mayookha Johny held a press meet in June this year and alleged that her friend was raped and blackmailed in 2016. The petition was filed in March this year alleging that CC Johnson broke into her residence on July 9, 2016, and raped her.
