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.

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 lodged by the mother of the victim, the respondent police registered a case against the appellant in Crime No.272 of 2014 on 03.05.2014 for the offence under Sections 366 (A) IPC read with Section 4 of POCSO Act, 2012 and Section 3(1)(XII) of SC/ST Act and subsequently, based on the investigation and examination of witnesses, altered the offences to Section 366 (A) read with Section 4 of POCSO Act and Section 3(2)(v) & 3(w)(ii)(i) of SC/ST Act (new amendment 2014) and after completion of investigation, filed the final report before the Chief Judicial Magistrate, Erode, for the offences under (A) @ 366 read with Section 4 of POCSO Act and Section 3(2)(v) & 3(w)(ii)(i) of SC/ST Act and the same was taken on file in PRC No.11 of 2015 and after completing the formalities under Section 207 Cr.P.C., the case was committed to the Principal District and Sessions Court, Erode and the same was taken on file in S.C.No.180 of 2015 and made over to Additional Sessions Court, Magalir Neethi Mandram (Magalir Fast Track Court), Erode, since the offences are against women. The learned Sessions Judge, after completing the formalities and perusal of records found that prima facie case was made out and thereby, framed charges against the appellant for the offences under Sections 376 of and Section 4 of POCSO Act and Sections 3(2)(v) & 3(w)(ii)(i) of SC/ST Act.

4. During trial, in order to substantiate the charges against the appellant, on the side of the prosecution, totally 22 witnesses were examined as P.W.1 to P.W.22 and 36 documents were marked as Exs.P.1 to P.36, besides 1 material object was marked as M.O.1.

5. On completion of examination of the prosecution witnesses, the incriminating materials culled out from the prosecution witnesses were put to the appellant under Section 313 Cr.P.C and the appellant denied the same as false. On the side of defence, one witness was examined as D.W.1 and 5 documents were marked as Exs.D.1 to 5.

6. After completion of trial and hearing of arguments advanced on either side and perusal of records, the trial Court found the accused/appellant not guilt for the offence under Section 3(w)(ii)(1) of SC/ST Act, however, found him guilty for the offences under Section 376 of IPC and Section 4 of POCSO Act and Section 3(2)(v) of SC/ST Act and convicted him and sentenced to undergo 7 years RI and to pay fine of Rs.10,000/-, in de