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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Muthu – Appellant
Versus
State, represented by The Inspector of Police, Erode North Police Station – Respondent
ORDER :
P. Velmurugan, J.
This Criminal Appeal has been filed to set aside the judgment of conviction imposed by the Additional Sessions Court, Magalir Neethi Mandram (Magalir Fast Track Court), Erode, in S.C.No.180 of 2015 dated 07.12.2018.
2. The case of the prosecution is that the defacto complainant lives with her daughter/victim (18 years and 5 months) and son at Manickampalayam, Erode and they belong to Hindu Chakkiliyar community. The defacto complainant’s husband left her about 15 years ago. The daughter of the defacto complainant/victim was working as a threader in a handloom centre and the appellant was also working in the same loom. While so, the appellant knowing well that the victim belongs to Scheduled Caste community, had sexual intercourse with the victim one year from November 2013 under the guise of marrying her, due to which, the victim became pregnant. While the victim was 6 months pregnant, the appellant married another person and when the same was questioned by the defacto complainant, the appellant scolded her by mentioning her caste name. Hence, the mother of the victim lodged a complaint before the respondent police on 03.05.2014.
3. Based on the complaint lodg
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.
Rape – Consent of minor has no legal sanctity.
The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.
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 central legal point established in the judgment is the requirement to prove the victim's age and establish guilt beyond reasonable doubt in cases of alleged kidnapping and rape.
The prosecution must establish the victim's age and the accused's intent beyond reasonable doubt in cases of sexual offences, and mere allegations without corroborative evidence are insufficient for ....
The conviction under the SC/ST(POA) Act requires proof that the offence was motivated by the victim's caste, which was not established in this case.
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