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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Velayutham – Appellant
Versus
State, represented by Deputy Superintendent of Police – Respondent
| Table of Content |
|---|
| 1. conviction details and sentencing (Para 1) |
| 2. background of the case and complaint (Para 2 , 3 , 4) |
| 3. arguments on consensual relationship (Para 5 , 6 , 7) |
| 4. prosecution's stance and evidence (Para 8 , 9) |
| 5. court analysis of evidence and relationship (Para 10 , 11 , 12) |
| 6. confirmation of marriage and family (Para 13 , 14 , 15) |
| 7. final judgment and orders (Para 16 , 17) |
JUDGMENT :
M.NIRMAL KUMAR, J.
1. The appellant was convicted by judgment dated 26.09.2019 in Special S.C.No.265 of 2015 by the learned Special Judge, Special Court for exclusive trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months Simple Imprisonment for offence under Section 417 of IPC and further sentenced to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months Simple Imprisonment for offence under Section 376 IPC. A2 to A5 acquitted from the charges under Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2014 and further
The court established that a consensual relationship had evolved into a marriage, invalidating previous convictions of sexual offences based on mutual understanding and subsequent familial ties.
The Court held that a consensual relationship with an adult victim does not attract sections under IPC and POCSO Act, but evidence warranted conviction under SC/ST Act.
The judgment establishes that consent is a critical factor in cases of alleged rape, and the absence of evidence proving coercion or the victim's minority can lead to acquittal.
The conviction under the POCSO Act was overturned due to insufficient corroborative evidence and inconsistencies in the victim's testimony, leading to the appellant's acquittal.
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