Denying anticipatory bail to the 75-year-old man in Kochi accused of raping a 23-year-old migrant worker from Odisha, a court in Kerala said that such a bail would shake the consciousness of society. K Sivaprasad, residing in Vytila of Kochi, had applied for the bail at the Sessions Court in Ernakulam Division on October 30, nearly two weeks after a case of sexual assault was filed against him. The survivor – a tribal woman who had started work as domestic worker at his house on October 4 – was allegedly drugged and raped by Sivaprasad at noon on October 15, when no one else was home.
The Maradu police have charged Sivaprasad charged under sections 64(1) (rape), 74 (criminal force or assault against women), and 123 (administration of poisonous or harmful substance) of the Bharatiya Nyaya Sanhita (BNS). Denying the charges against Sivaprasad, his counsel Mohammed Siyad MF contended that the accused is a 75-year-old retired government employee who takes medicines that have side effects like “decreased libido and erectile problems”.
The family had hired the woman on the recommendation of Amit, another migrant labourer from Odisha who used to work as a cleaner for them. In the petition, it is claimed that the woman's accusation was an act of revenge for denying her an advance payment of three months’ salary to visit her sister at her native place.
The public prosecutor Sajeev CK, requesting to dismiss the bail plea, pointed out that the survivor is a 23-year-old migrant labourer who was brutally assaulted after being given a psychotropic substance. Advocate Sandhya Raju, appearing for the survivor, also reiterated the contentions.
The woman, in her complaint made with the help of a translator, detailed the incidents leading to the sexual assault. She alleged that Sivaprasad, after offering her alcohol that she refused, forced her to have juice, upon drinking which she began to feel faint. She had, she said, pushed him away after he forcefully hugged and kissed her, and ran to her room where she lost consciousness. On waking up, she felt a sharp pain in her private parts. She informed her cousin who worked in another part of Kochi, and through the cousin’s help, reached the police. The next day, when the family had gone away to Guruvayoor, she was rescued by social workers with the help of police. She was also taken for medical examination, where it was confirmed that she was raped.
The police’s delay in arresting the accused, even after the bail plea was rejected, has invited criticism. The Self Employed Women’s Association (SEWA) took out a protest march on November 1, towards the Kochi Commissionerate, demanding his arrest.
Joining the cause, the National Commission for Women (NCW) has also demanded action against Sivaprasad.
