Kerala High Court Calls For Investigating Officer's Report In Rape Case Filed By Olympian Mayookha Johny's Friend

The Kerala High Court on Monday called for the investigating officer's report in the matter where Olympian athlete Mayookha Johny's friend was allegedly raped and blackmailed by a man in 2016. 

Justice Shircy V directed so after the petitioner claimed that the investigation had come to a standstill due to the accused being highly influential. The matter has been listed for further hearing on July 30th. 

The petitioner had preferred a writ petition demanding an effective investigation into the matter by a special investigation team, alleging that the accused was influencing the police and the ongoing probe. 

Public Prosecutor however submitted that the investigation was handed over to the Crime Branch on 5th July as per the order from the State Police Chief. It was also argued that pursuant to such transfer, the Crime Branch had acted upon it within a couple of days. From 8th July, they had reportedly recorded the statements from the victim, her mother, and the doctor who had performed the medical examination.  

Additionally, a number of cellphones incidental to the crime had been seized by the investigators. It was also submitted that a special team was constituted by the Crime Branch specifically to investigate the matter. 

The Single Bench directed the prosecutor to include all the aforementioned details into the report and submit it before the next hearing. 

Details from Previous Hearing 

Upon first hearing of the petition, the Court had directed the District Police Chief G. Poonguzhali IPS to file the status of the investigation. 

Accordingly, a report was submitted before the Court today stating that the victim's statement was recorded and that the scene mahazar was prepared. The report stated that she was also subjected to medical examination, wherein no external injury could be detected since the incident occurred in 2016.

Furthermore, when they tried to retrieve the call data record and tower location of the victim and accused on the day of the incident, the network providers informed them that they only preserved data for one year. Based on these two grounds, no scientific evidence could be obtained in the matter; and they had to rely solely on circumstantial evidence.

According to the report, upon review of the case, the District Police Chief found that it required deeper and detailed investigation considering that it happened more than 4 years ago. Consequently, a special investigation team was constituted with women officers headed by DySP of the District Crime Branch. The team was reportedly looking into all the allegations levelled by the petitioner.

The report submitted before the Court also refuted her claim that the police had attended the meeting with the accused, and asserted that they were conducting the investigation in a free, for, and independent manner. The IPS officer assured that they were taking all possible effort to collect maximum evidence to prove the commission of the offence, and that a professional investigation was underway.

Since the petitioner's prayer regarding the constitution of a special investigation team was already complied with, the District Police Chief prayed that the writ petition be dismissed. 

Background: 

The petitioner filed a complaint on 20th March 2021 alleging that CC Johnson who serves at the Emperor Emmanuel Church, broke into her residence on 9th July 2016 and raped her. Following the incident, it was contended that he threatened to publish her nude photos and videos, and regularly abused her over text messages on her phone. 

The petitioner turned out to be Mayookha Johny's friend.

Alleging that the accused had held a meeting with the police in the presence of influential religious heads, the petitioner preferred this petition seeking an effective investigation and constitution of a special team for the same. 

The matter came to the fore recently after the athlete conducted a Press conference in June 2020 accusing the former official of the Women's Commission and the State Police of not conducting proper investigation of her friend's rape case.

Case Title: xxx v. Superintendent of Police & Anr.