Mumbai/Thiruvananthapuram: A court in Mumbai has deferred its order on the anticipatory bail plea filed by Kerala CPM leader Kodiyeri Balakrishnan's son Binoy Kodiyeri in the rape case against him and posted the case for Wednesday.
The Dindoshi court had, on last Thursday, posted the case for Monday as counsel for the accused told the court that they have more evidence to be presented.
On Monday, the victim's counsel gave an affidavit with their fresh evidence, and the court saying that the accused would be given time to reply to this, posted the case for Tuesday. After hearing the counsel of the accused, the court has decided to announce its order on Wednesday.
'There are discrepancies in the victim's statement. The DNA paternity test request by the victim should not be considered by the court during the hearing of the anticipatory bail application plea,' Binoy's counsel argued. The counsel also added that the status of Binoy's father as a former minister had no relevance in the case.
The alleged victim was involved in other relationships, the counsel told the court. It also submitted a few photographs to this effect.
In the FIR filed at the Oshiwara police station in Mumbai's Andheri, the 33-year-old Mumbai-based woman, who hails from Bihar, has alleged that Binoy sexually exploited her for several years on the promise of marriage and claims they also have a child.
She registered the complaint on June 13 after she came to know that he was already married.
According to her complaint, she entered into a relationship with Binoy while working at a dance bar in Dubai in 2008 and now has an eight-year-old child with him. She said that till 2015, he even used to send her money every month, for which she has already produced documentary evidence.
At the hearing, the woman stood by her word arguing that her child's birth certificate and her renewed passport proved Binoy's association with them. She was constantly threatened by Binoy and his mother. They threatened to kidnap my child, the woman told the court.
A team of Mumbai Police officials, after visiting Kannur and Thiruvananthapuram in search of Binoy, had to return empty-handed and for a week now, there has been no trace of him.
The national and state leadership of the CPM including the accused's father have washed their hands off the matter saying since Binoy is not a party member, the party has nothing to do with this and he alone should handle it.
