Thursday, February 21, 2013

Suryanelli "Rape" Case - Facts, Reality & Politics

 In my childhood I studied a panchatatra story of  a jackal & 2 golden rams fighting . Suryanelli case gives an idea of blood thirty jackal in CPM and Media. Perfect story to catch the attention of people, get TRP, to get votes, spoil image of  A K Antony(Kurian was right hand of Antony, so CPM spread the story than Antony saved Kurian)

CPM & Media give a picture that a 16 years girl was abducted & gang raped by 40 men for a period 40 days across Kerala & Tamil Nadu,  one of the rapist is the then central minister P J Kurian. A young girl begging for her life at the feet of Kurian, without giving ears to her Kurian brutally raped her repeatedly.... What should be the punishment for him, he should be crucified, shouted comrades, media, action councils, and women organizations.

What media spoke and what I heard from ground where entirely different stories, but still I dont want to spread unverified accounts, only wish to share only factual account of what happened in Suryanelli rape case, politics behind it.

Political Scenario

1. This case got headlines at a time A K Antony was CM in Kerala. He was all set to come back after banning arrack in Kerala which helped him to get support of women voters across spectrum.Opposition parties under E K Nayanar had nothing to counter clean image & vibrant govt of Antony .

After Suryanelli case came also there were no mention of Minister P J Kurian anywhere. Suryanelli girl refered a person called paaji raped her in Kumili Panchayat Guest House .P J Kurian was never addressed as Paaji( it was later identified that Paaji is a politician from  Ponkunnam (kottayam Dist) and his real name is Antony. ) It was Desabhimani daily (mouth piece of CPM) which first give the headline news , Suryanelli girl identified paaji, its P J Kurian.

In suryanelli case wave CPM come back in power, 3 inquiries conducted by senior police officers(2 inquiries under CPM ). But there was no proof against P J Kurian, still before each election this case will take headlines.

Toll of this case on P J Kurian was huge, he lost LS election in Idukki, a safe seat for Congress, then from Mavelikkara in next LS election, just because he is a "rapist"

2. Was it a child rape

As per HC verdict ( its under review as per instruction of SC) girl has 16 years of age & so it cannot be considered as a minor

3. Unbelievable events described by Suryanelli girl

Conspiracy  hatched  by bus conductor, Usha & Dharmarajan,  was  persuaded,  induced  and  kidnapped   by bus conductor from the lawful guardianship of her parents to go  away  from  the  school hostel in Munnar to join him at Adimali  and  thereafter  to   go   along   with   him   to Kothamangalam at about  4.30  P.M..   on 16.1.1996.  Before  reaching there,  Bus conductor disappeared. In   such   perplexed situation, late  in  the  evening  at  about 7.30 P.M. suryanelli  girl  decided to go from Kothamangalam to her  mother's  sister's house at   Kottayam.She  boarded  a  private  bus  to Muvattupuzha.  She noticed  Usha  in that bus. Thereafter she alighted at  Muvattupuzha  and  went  in  an autorickshaw to  K.S.R.T.C.   bus station there, to catch a bus to Kottayam.  She boarded a Trivandrum  Fast  Passenger bus  wherein also she noticed the presence of accused Usha. She got down at Kottayam bus stand.  She was frightened  to go through  the bylanes to reach her aunt there.  Therefore she decided to catch a bus to Mundakkayam so as  to  go  to her uncle's  house.But  there was no bus to Mundakkayam during that night.  It  was  at  that  time Usha approached her  calling her name. Later she introduced to Suryanelli girl  to one person by name Sreekumar, whom she later realised as  Dharmarajan.   He  promised  to  take  her  to  Mundakayam. Thereafter Dharmarajan took her to Metro lodge near the bus stand where, he told her, his mother was staying.  With the hope  that  she  would  be  taken  to  her uncle's house at Mundakayam, she  followed  Dharmarajan. But  Dharmarajan raped her during that night in the lodge room.  On the next day  morning  she was taken to Ernakulam in a transport bus and thereafter to different  places  like  Kumali,  Kambam, Palakkad   and  Vanimel  at  Kozhikode,  again  to  Kumali,Muvattupuzha,  Aluva,   Theni,   Kanyakumari,   Trivandrum,Kuravilangad,  Kottayam,  again to Kumali, Muvattupuzha and again to Kottayam, still again to  Theni,  Kumali,  Kambam, again  to  Kumali, Kottayam and to Muvattupuzha and finally enfreed her on the morning of 26.2.1996.  In  the  meantime  she   was   presented  to  several  persons  who  committed  rape or gang rape on her.

3. Can we believe suryanelli girl ?

a. Suryanelli girl has spent money given for her hostel fees, later pledged her jewels for raising the same. Its is said to be given to a friend who was involved in Abhaya murder case. She was questioned by police. In court she told she dont remember it. it shows her character to conceal the facts which doesn't help her.
b. `I  do  not  know  why  my daughter  had run away' is the specific statement given by father in police when she was missing, he had no doubt of abduction, it gives clear idea how parents saw her
c. Letter written by girl to her father before eloping with bus conductorand her relationship with him

d. She didnt identify a professor who was with her for 2 days and travelled with her from kanyakumari to Trivandrum (he was professor of investigating officer, so for an investigationg officer also she was reday to change her stand, so we can understand the  reliability)

e. she was expelled from mount carmel school in kottayam for her bad conduct
f. Her father asked nuns in her hostel to keep an eye on her movements, every time she asked permission even to give clothes to the launderer

g. 40  days she had been taken from place to place in public conveyances and she had been kept in lodges   where others had also sought accommodation.
h. 2 times she has taken to doctors
f. Recently she was suspended from her job in tax office in Changasserry Kottayam  for  irregularities of Rs.2,6 lacs(She got this job as victim of Gang rape, will it turn out to be Kerala first state to give govt job for a child prositute ?)

4.  Arguments & counter arguments

a. there was a conspiracy to abduct suryanelli girl

Letter written by Suryanelli girl show that she elope with bus conductor, not because of black mailing by Bus conductor for her photo album claimed by her. conspiracy theories fall flat here. When Bus conductor disappeared from bus before reaching Kothamangalam, but she never asked anyone about him. It gives so many questions about her version of conspiracy between Bus conductor, Usha & Dharmarajan . Theory of conspiracy & abduction falls flat here.

b. Suryanelli girl was gang raped?

No jointness in action by several persons alleged to have raped  her  on  any  single occasion had  been  spoken  to  by her.

c. Rape or Consensual sex ?

Is Suryanelli girl after returning to the  fold of her parents attempting to wish away  all consensual  sexual intercourses by calling them rapes without her consent?  Is  she  trying to  paint  herself  white and attempting to place the blame for her unfortunate predicament on  the  shoulders  of  all with  whom  she had sexual intercourse by making convenient omnibus assertions that they were all  rapes? 

c.1 Under  law  she had reached  that  age of consent.

c.2After first day Dharmarajan "raped" her, she was taken to Kottyam bus stand. she studied in Kottayam, so if it was true she could have escaped from him. Instead of escaping she had gone to Ernakulam with Dharmarajan in public transport. They book room next day evening only. So both Dharmarajan & suryanelli girl was in public places for a whole day in Kochi city, but she never tried to escape
c.3 She was alone in Hotel Geeth  in Trivandrum for a whole day, but she didn't try to escape from the custody
c.4 Jacob sait approached her in Hotel Geeth. He didnt commit any mischief to her. But she didnt reveal her identity to him also. If she was desperate to escape she should have told her situation to a person like Jacob Sait
c.5 dharmarajan took her to his friend's -who works in Panchayat- family in Vanimmel in Kozhikode. Dharmajan  left her their and came back in next day only.She had been alone for long time when 2 teachers and dharmarajan friend gone for work. If a girl is under captivity & raped will they try to escape or continue to suffer ?

c.7 She had came to Kottayam more than 2 occassions in this 40 days, Kottyam is familiar with her because she studied there, but she never tried to escape .

c.8 She had crossed through Mundakayam, her uncle's place couple of times in this 40 days. If she had any intention to escape she should have done it because the place is very familiar to her

c.9 while under custody she called her uncle. She only knew the no. If her abductors fear her will they allow to make a call? if she was under captivity she should have told her uncle about that and then her father should have run to police & change his initial statement she run away to she was abducted. But as per girl fathers statement her uncle and daughter in law pleaded her to return

c. 10 She was taken to doctor in Periyar hospital Kumily. Her version is that she had severe pain in private part because of forceful intercourse, she was too weak. But doctor says the only treatment she has taken is for throat pain! She told she is a tourist came to visit Thekkady, given a fake name. She told she is from Ponkunnam(Ponkunnam is not her place, its Dharmarajan's place) A person suffering the trauma described by her for a month will certainly try  for that;  because nobody can snatch her away from the hospital and from the hands of a doctor.  Her conduct that  she  did not do so even in that situation certainly speaks volumes about her character.

c.11 She was with jamal in his house, but she didnt reveal the identity of her to inmates. she had severe stomach pain and was taken to Anpu hospital in Elappara, Idukki. She had administered enema there. She was undressed by nurse for enema, any  discolouration  or  inflammation  was there, it would have been noticed by the nurse. but nothing reported, and doctor says that she was not terrified.She could have revealed her identity to doctor or to nurse. but she didnt reveal

c.12 Visits to the doctors assume significance and  relevance.  Even for a comparatively minor ailment of  sore throat for  a  day  she  was  taken to a doctor.  Does that indicate  cruel  conduct  of  the  captors  or  sympathetic conduct of  friendly individuals?

c.13 It  is also to be noted at this juncture that whenever a rapist came to her, she had  revealed  that  she had heavy pain and she was cheated, she was the daughter of Munnar  Postmaster  and  she  had also revealed her correct name.  It is unbelievable that such a person did not reveal her identity to doctors & nurse, in whose hands she was safe, She could have revealed her identity or at least  her alleged  ailments  on  those two occasions and attempted to escape from the jaws of the rapists.

c.14 It is also to be noted that during the 40 days, there was no physical restraint of Suryanelli girl.   She had been  allowed  to  travel  freely.  She does not have a case that she was confined in the house in Palaghat. & elappara .People have seen her  in the courtyard and verandah in the house .  She was  alone  in Hotel  Geeth  at  Trivandrum  in  a  room  for a whole day. Jacob Sait was compassionate towards her while in  that  hotel. No body  else  was  there  at  that time.  When there is no physical restraint, that will speak much about the  consent for sexual intercourse.

c.15 There  were  several  occasions  for suryanelli girl  to reveal her identity to the non-rapists with  whom  she  had come across  and sought help.  That she did not do so is an indicative factor that she may not have been  unhappy  with those who  had  been  keeping  her.

c.16 After she came back after gangrape for 40 days she was not taken to hospital for 2 days(Her mother is anurse). That means she was not in a bad physical condition as described by media. the doctor examined her says that there was no evidence of physical resistance for rape

c.17 She was admittedly willing to "go on a tour" with Bus conductor without any specific plan for marriage and family life withhim.She took her mother's sarees and cash with her when she left her home planning all  the  time  to deceive her  parents

c.18 Suryanelli girl  and her parents needed an explanation to be offered  for consumption by the other members of the family and public.  They could not have  accepted  the  theory  of voluntary departure and immoral life of suryanelli girl,  even if that  were true  even. To  save  their  honour, a version that  pictures suryanelli girl as an unwilling victim was essential

c.19 in these 40 days only 2 occasions there were more than 2 persons with her in room 

c.20 allegation of robbery by Dharmarajan by taking her to Jewellers is a funny story, if someone rob, they will do it when she is alone, why should take her to a jewellers and threaten her ?

c.21 So its clear that it was a consensual sex , not a gangrape or abduction as claimed by her

4. Politics

M Mani, CPM idukki district secretary is arrested for his involvement in killing political opponents, CPM lost its face in T P Chandrasekaran murder too. Accusation of rape is the best weapon to tarnish political opponents. Achuthnandan used it in past, now also he uses it at his best.

Suryanelli rape case is not ended. Its still in court. It my opinion, hope court will give its verdict based on facts not on emotions. Justice Basanth who give verdict in HC &  former SP Ittoop inquired this case told same thing about Suryanelli rape case - it was not a rape but it was child prostitution.  Sathyameva Jayate

Reference - Reports in Mangalam news paper & weekly

High Court verdict on Suryanelli Case

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