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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
| Table of Content |
|---|
| 1. background of the case and charges (Para 1 , 2 , 3 , 4) |
| 2. trial details and outcomes (Para 5 , 6) |
| 3. arguments by the appellant (Para 7 , 8 , 9) |
| 4. prosecution evidence and claims (Para 10 , 11 , 12) |
| 5. age of the victim and consent (Para 13 , 14) |
| 6. finding on the biological father and acquittal (Para 15 , 16) |
| 7. conclusion on charges under sc/st act (Para 17 , 18) |
| 8. final order of appeal (Para 19) |
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 y
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.
Consent is determinative; insufficient evidence of victim's age undermines prosecution's case.
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 ....
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