BINOY KODIYERI,S ANTICIPATORY
BAIL VERDICTION
The verdict on Binoy
Kodiyeri’s anticipatory bail plea, in connection with the rape complaint of a
Bihari woman, was deferred to Tuesday,2nd,July,2019, by Mumbai
Dindoshi Sessions Court. It also said that he can’t be arrested until a
decision is taken on the plea.Court had instructed the complainant woman to
submit in writing, if there is anything more she wanted to add to her
arguments. As per the instruction her lawyer submitted the arguments.The case
was takenup by the court on last Thursday and the verdict was deferred to
Monday. Prosecution had said in the court that there are strong evidences
against Binoy and argued that if bail is granted to him, it will affect
investigation.
Senior counsel and
lawyer at Mumbail HC, Ashok Gupta had appeared for Binoy. He pointed out in the
court that the woman’s statements are contradictory. The woman had said in the
complaint sent to Binoy that he married her and she wanted Rs 5 crore as
compensation. But according to the statement given to the police, she was raped
on false promise of marriage.Binoy’s lawyer emphasised on the point that rape
charge cannot be imposed if he married the woman. The rape allegation and FIR
will not be valid if they are married. He also argued that the case was
fabricated for blackmailing.On the alleged day of marriage cited by the woman,
Binoy was not in Mumbai. He was in Gulf. The woman alleges that they were in
relationship between 2009 and 2015. Why hadn’t she complained before 2019, the
lawyer further argued. Meanwhile, the prosecution argued that Binoy should be
taken into custody in order to conduct a DNA test to determine the child’s
paternity.The Bihar woman lodged the complaint with Oshiwara police against
Binoy on June 13.
Prof. John Kurakar
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