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.

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, A3 to A5 were acquitted from the charges under Sectionn 506(i) IPC. Challenging the conviction and sentence, the present Criminal Appeal is filed by the appellant/A1.

2.Gist of the prosecution case is that in this case, PW1 is the victim and PW2 & PW3 are her parents. On 15.11.2014, the victim lodged a complaint (Ex.P1) to PW14, Inspector of Police stating that PW1, a school dropout aged about 23 years, was residing at Athandamaruthur Colony, Thirukovilur Taluk and she belongs to Adi-Dravidar, a Scheduled Caste Community. The victim and the appellant belongs to Vanniyar, a Most Backward Caste community, both had love affair and physical relationship for two years prior to the complaint on several occasions at various places. Initially the victim opposed the love proposal of the appellant, since both belong to different community. The appellant promised the victim that he would marry her and was constantly behind her, believing the same, the victim accepted the appellant’s love proposal and had relationship. On the promise of marriage, the appellant had physical relationship with the victim in her house when she was alone. Thereafter, on several occasions in the appellant's field and the victim became pregnant and when she insisted the appellant to marry her, the appellant informed he was in financial constraint, he could not marry her immediately and shall marry her later, further asked her to abort the foetus. Believing the words of the appellant, the victim aborted foetus in a private hospital, thereafter, the appellant started avoiding the victim citing the community. Feeling cheated, the victim attempted suicide by consuming oleander seeds. The victim's parents PW2 and PW3 admitted victim in the Government Hospital, at that time, the victim disclosed the act of the appellant and being cheated by him. When the victim and her parents (PW1 to PW3) went to appellant’s house and questioned, the appellant, his parents and family members abused and threatened the victim and her parents and chased them out stating that they belong to Scheduled Caste community and appellant cannot marry her and if the victim wants to marry somebody else they could bear the marriage expense. The appellant belongs to dominant community, nothing could be done, thereafter, the victim lodged a complaint to PW14, Inspector of Police.

3.PW14 received the complaint (Ex.P1), registered FIR (Ex.P9) in Crime No.56 of 2014 for offence under Sections 417, 376 & 313 of IPC r/w Sections 3(1)(r) & (s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2014 against the appellant/A1, his mother/A2 and three brothers/A3 to A5. Since the case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, after get