The victim along with her parents had gone to the Chingavanam police station here to file the complaint on Friday, but it was not registered by the Assistant Sub-Inspector stating that the Station House Officer (SHO) and SI were away at a meeting.
Bhadra Kumari, one of the advocates representing the victim, said that since the complaint had not been registered, they had sent the copies of the complaint through registered post to the Idukki and Kottayam SPs asking them to take further proceedings to register the FIR.
"In case there is no response, we are also planning to approach the High Court," she said.
"When a person lodges a complaint it should be accepted. A crime has to be registered as per provisions of sect 154 of CrPC. It is the duty of SHO to register the crime," advocate Suresh Babu Thomas, who was the Special Public Prosecutor of the rape case in the trial court, said.
When it was pointed out that police had accepted the victim's complaint, he said that was not enough.
"Lot of petitions go to the police station. A crime has to be registered under sect 154 of CrPC. It has to be entered into the General Diary and a number is given and as and when the crime is registered, they have to start investigation," he said.
The letter could take 2-3 days to reach the police officials. On receipt of the copies, the SPs are bound to register the case and probe the crime, he stressed.
"If there is no response from their side to register the crime, the victim can move the High Court seeking a direction to police to register the crime and to treat the petition as first information statement," he said.
Kottayam SP C Rajagopal had said,"as per the provisions of the Kerala Police Act, when a petition is received, it is entered in the Registry and a receipt given."
He said as per his information, a receipt has been given to the victim's counsel.
"Since the Suriyanelli gangrape case is pending before the High Court, there is need to seek more legal opinion," he added.
The complaint had sought to also list the absconding accused Dharmarajan, who was recently arrested and sent to Poojapura jail, and two others as accused in the case.
The case relates to the rape of a 16-year-old girl hailing from Suriyanelli in Idukki district in 1996 by different persons at various places.
The victim had sought to make P J Kurien an accused in the light of the new revelations by Dharmarajan to a television channel that it was he who had taken P J Kurien to Kumily rest house on February 19, 1996 where she had allegedly been sexually exploited.