Woman Alleges Church Priest Raped Her On Pretext Of Marriage, Kerala HC Refuses To Quash FIR
The priest sought quashing of the criminal proceedings stating that the complaint was based on a misunderstanding
The Kerala High Court in a recent order has refused to quash a criminal case against a Church priest accused of raping a woman after pretext of marriage. The woman had filed a complaint alleging that the church priest had expressed his readiness to give up Priesthood and marry her, after forcing her to have repeated intercourse on, but then he later retracted from marriage.
The woman filed a complaint stating that Fr Jose Mathai Myladath was serving as a priest at St. John’s Baptist Church in Muvattupuzha's Kapoor when she approached him to discuss her and her son's baptism. According to her, Myladath collected her contact details and later invited her to the church to discuss baptism.
The woman alleged that the priest lured her into a bedroom and after locking the door, forced her to have sexual intercourse. The woman further claimed that their sexual encounters continued for several months on the pretext of him marrying her. However, in January 2024, the priest allegedly backed out from the promise.
The high court held that the relationship between the accused, Fr Jose Mathai Myladath, and the complainant woman was based on the promise of marriage, indicating that prima facie allegations of rape were made out against him. The court said that the allegations require a thorough examination of the offences during trial.
The priest sought quahing of the criminal proceedings stating that the complaint was based on a misunderstanding and that the woman had initially filed a petition to quash the FIR which she had lodged after a delay of more than three months. The counsel for the priest stated that the delay raised doubts about the truthfulness of the allegations.
The counsel for the Church priest also cited a public notice posted by the complainant on social media in which she had denied the allegations against him. However, the woman's lawyer said that she was misled into withdrawing her prior plea for settlement.
"Since the relationship continued on the promise of marriage, there is no delay in lodging the FIR. Thus, prima facie, allegations are made out warranting trial of the matter and in such a case, there is no reason to close the proceedings merely on the fact that earlier the defacto complainant filed a petition to quash the crime," the high court order stated.