Thiruvananthapuram (Kerala) [India], November 28 : Police have registered a case against MLA Rahul Mamkootathil based on a woman's complaint alleging sexual assault, rape on the pretext of marriage and forced abortion.
The FIR, initially lodged at the Nedumangad Valiyamala Police Station, was later transferred to the Nemom Police Station as the alleged incidents occurred within its jurisdiction.
The case has been registered under eight non-bailable sections of the Bharatiya Nyaya Sanhita (BNS) 2023, including Section 64 for rape, Section 64(2) for repeatedly committing rape on the same woman, Section 64(f) for rape by a person in a position of trust, Section 64(h) for rape on a woman knowing she is pregnant, and Section 64(m) for repeated rape on the same woman.
It also includes Section 89 of the BNS for causing miscarriage without a woman's consent, BNS 316 for criminal breach of trust, and Section 68(e) of the Information Technology Act relating to transmission of offensive digital content.
The offences cumulatively carry punishments ranging from ten years to life imprisonment.
The action follows a direct written complaint that the survivor submitted to Chief Minister Pinarayi Vijayan.
A team led by Rural SP KS Sudarsan subsequently recorded her detailed statement.
The complainant, accompanied by her brother, arrived at the Chief Minister's office around 4:30 pm on Thursday and handed over a three page petition along with digital evidence including WhatsApp chats and audio recordings.
After the Chief Minister forwarded the petition to ADGP H Venkatesh, a senior-level meeting was convened at the police headquarters to determine further steps. With the FIR now registered, the police have begun procedures for the MLA's arrest.
Although allegations surfaced as early as August, the woman had not appeared in person until now. The Crime Branch had already initiated a preliminary probe based on petitions filed by third parties to the State Police Chief and had identified the woman heard in the leaked audio recordings.
She was requested to submit a written complaint earlier but had declined. Meanwhile, Rahul Mamkootathil has neither confirmed nor denied whether the voice heard in the audio clips is his.
In the wake of the FIR, Rahul has shut down his MLA office in Palakkad and has remained unreachable, with his mobile phone switched off.
The development is expected to have major political repercussions with the local body elections around the corner.
Kerala police chief, Ravada Chandrasekhar, informed that the sexual harassment complaint against suspended Congress MLA Rahul Mamkootathil has been handed over to Crime Branch Chief H Venkitesh for further investigation.
Rahul is now seeking anticipatory bail and has approached senior High Court advocate George Poonthottam for legal assistance. However, a Supreme Court directive mandates that anticipatory bail petitions must first be submitted before the Sessions Court before approaching the High Court. Legal experts are currently examining whether an exception can be sought under special circumstances.
Speaking to the reporters in Palakkad, Rahul Mamkootathil on Monday said, "I also have the right in this country to proceed legally, and I will exercise that right. Even today, I stand here with complete confidence that I have never violated any law of this country. As a citizen who has not committed any unlawful act, I reiterate that I have the right to move legally. The investigation is underway," he said.
The investigation remains in progress under the supervision of senior officers, with further developments, including a possible arrest, anticipated in the coming days.