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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
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 ag
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.
Rape – Consent of minor has no legal sanctity.
The court held that inconsistent victim testimony and lack of corroborating evidence rendered the conviction unsustainable, emphasizing issues of consent and age in sexual exploitation cases.
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