Kochi: Voluntary consumption of alcohol and sharing a hotel room do not, by themselves, establish rape, argues Kochi-based doctor Johnson K Varghese, who has denied the sexual assault charge against him while seeking anticipatory bail in a case registered based on a complaint filed by a 50-year-old woman.

In his petition before the Ernakulam District and Sessions Court, the 41-year-old doctor has challenged the complainant’s account of their October 10 meeting at a hotel in Kakkanad, arguing that the prosecution has failed to establish the ‘ingredients of rape’.

The doctor has also linked the complaint to a separate alleged extortion case in which he accused a group, including a cine actress, who is the complainant’s relative, of assaulting him and demanding ₹3 cr at a flat in Kadavanthra. He claims the rape FIR was registered on November 6, two days after three persons were arrested in the extortion case initiated on his complaint, describing it as a “counterblast” to those proceedings.

Doctor challenges woman’s account of hotel stay
The rape case was registered by the Infopark police on November 6 under Section 64 of the Bharatiya Nyaya Sanhita (BNS).

According to the woman’s First Information Statement (FIS), reproduced in the bail petition, she had known Johnson for nearly a year and considered him her family doctor.

The petition said that on October 10, she contacted him seeking a medical certificate for her daughter and suggested meeting for tea. She was attending an office get-together at the Marriott Hotel in Kakkanad, where she was working as an anchor.

The doctor allegedly reached the hotel around 7.30 pm. The two subsequently left in a car, went to a bar and consumed alcohol voluntarily, according to the statement.

The woman reportedly told police that she felt tired and that the doctor suggested taking a room to rest. She alleged that she fell asleep around 10 pm and could sense the doctor kissing her and touching her inappropriately but was unable to react because of drowsiness.

When she woke up around 5 am the following day, she found herself naked and realised that she had allegedly been raped, the statement said. She further claimed that she confronted the doctor and informed her driver and family members about the incident that morning.

Challenging this account, Johnson argues that the mere fact that two adults consumed alcohol and subsequently entered a hotel room cannot establish the commission of rape. He maintains that the allegations do not satisfy the ingredients of Section 63 of the BNS, which defines rape.

‘Lured’ to flat over medical emergency; ₹3-crore demand alleged
The doctor’s petition shifts focus to an incident on November 2, which he claims triggered the subsequent criminal proceedings.

According to his version, the actress, a relative of the complainant, contacted him and requested that he visit a flat in Kadavanthra to provide urgent medical treatment to the woman.

Believing that she required medical attention, Johnson went to the flat. However, the woman was not present there. Instead, approximately 12 people were allegedly waiting inside.

The petition claims that the group physically assaulted and manhandled him. When his friends, who were waiting outside the building, became suspicious and entered the premises, the confrontation allegedly escalated into an extortion attempt.

“The persons assembled there allegedly demanded a total amount of ₹3 cr from the petitioner and demanded an immediate payment of ₹25 lakhs,” the petition states.

Johnson further alleges that two Samsung mobile phones, a smartwatch and earbuds, collectively valued at ₹3.25 lakh, were taken from him. He claims he sustained injuries and required hospital treatment.

Following the incident, he approached the Kadavanthra police, who registered a case on November 4, invoking Sections 127(2), 115(2), 296(b), 351(2) and 310 of the BNS.

Three people, including the actress, were subsequently arrested and remanded to judicial custody, according to the petition.

Claims rape FIR was a ‘counterblast’
The timing of the two complaints forms the central argument of Johnson’s anticipatory bail plea.

While the alleged sexual assault dates back to October 10, the doctor points out that the woman approached the Infopark police only on November 6, two days after the Kadavanthra police registered the case based on his complaint.

The petition argues that the woman and her family were aware of the alleged incident from October 11 itself, but no police complaint was lodged before the extortion case was registered.

“The possibility of the criminal proceedings being used as a counterblast to the earlier crime requires careful consideration,” the petition states.

Johnson maintains that he has no criminal antecedents and is willing to cooperate with the investigation. He has undertaken not to contact or intimidate the complainant or other witnesses, tamper with evidence, or leave the country without the court’s permission.

Arguing that custodial interrogation is unnecessary, he has sought protection from arrest under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).