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2025 Supreme(Online)(Mad) 62755
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
Arunkumar – Appellant
Versus
State by The Inspector of Police, All Women Police Station, Sethiyathope, Cuddalore District. – Respondent
Crl.A.No.594 of 2021|S.C.No.242 of 2019
For the Appellants/Petitioners: Mr.R.Sankarasubbu
For the Respondents:Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
A consensual relationship cannot be recharacterized as rape or other offenses upon breakup unless evidence of coercion is present.
Headnote:(A) Indian Penal Code, 1860 - Sections 376(1), 417, and 506(ii) - Conviction of appellant for rape, cheating, and criminal intimidation - Trial Court imposed ten years rigorous imprisonment; appeal seeks to overturn conviction - (Paras 1-3)
(B) Elements of Consent - Relationship characterized as consensual; repeated interactions and physical intimacy acknowledged without coercion - Evidence of the victim indicates a voluntary relationship - (Paras 6, 9)
(C) Legal Precedent - Reference to the Apex Court decision emphasizing that a consensual relationship cannot retroactively be construed as criminal when it ends without marriage - (Paras 9, 10).
Facts of the case:
The appellant's conviction was grounded in accusations of rape and related offenses against a victim with whom he had a consensual relationship, cultivated over a period, which included multiple intimate encounters. The victim initially sought marriage, but later disavowed it leading to the legal proceedings. (Paras 1, 8)
Findings of Court:
The Court found the relationship consensual and noted contradictions in the victim’s family’s testimonies, leading to a reversal of the conviction and acquittal of the appellant. (Paras 10, 11)
Issues: The case addressed the consent nature between the appellant and the victim, the interpretation of their relationship, and the validity of the accusations post-relationship. (Paras 6, 10)
Ratio Decidendi: The court ruled that without evidence of coercion despite the victim initially claiming rape, the nature of their relationship precluded liability for criminal acts. This was reinforced by a precedent indicating that a consensual relationship does not constitute a basis for a criminal complaint post-breakup. (Paras 9, 10).
Result: Appeal allowed; conviction and sentence set aside.
| Table of Content |
|---|
| 1. overview of conviction and background (Para 1 , 2 , 3) |
| 2. arguments presented by appellant and prosecution (Para 4 , 5 , 6) |
| 3. court's assessment on relationships and consent (Para 7 , 8) |
| 4. key legal principles regarding consensual relationships (Para 9) |
| 5. conclusion and ruling on appeal (Para 10 , 11) |
JUDGMENT
This Criminal Appeal is filed to set aside the impugned judgment in S.C.No.242 of 2019 dated 29.07.2021 on the file of the learned Sessions Judge, Mahila Court, Cuddalore.
2.The appellant/accused in S.C.No.242 of 2019 was convicted by the Trial Court by judgment dated 29.07.2021 and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.30,000/-, in default to undergo two years simple imprisonment for the offence under Section 376 (1) IPC , to undergo one year rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo three months simple imprisonment for the offence under Section 417 and to undergo five years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one year simple imprisonment for the offence under Section 506 (ii) .
3.The case of the prosecution is that on 27.02.2019 the defacto complainant/victim lodged a complaint to PW11, based on which, a case in Crime No.4 of 2019 for the offense under sections 417, 376, and 506(i) IPC registered and FIR/Ex.P9 registered. Thereafter, PW12/Inspector of Police, All Women Police Station, took up further investigation, visited the scene of occurrence, prepared observation mahazar and rough sketch in the presence of PW5, examined the victim/PW1, her mother/PW2, sister/PW3 and the neighbor/PW4. At that time, the victim informed that the appellant was studying M.Sc in Annamalai University and the victim was working in a private firm, both used to travel in the same bus and became friendly. On 23.07.2017, the appellant informed the victim that he was in love with her and he will marry her. The victim refused and the appellant informed her that if she is not accepting his love, he would end his life. The victim took pity and started loving him. Both of them were in love with each other and developed close relationship. Further, the victim and the appellant used to meet at the victim's house whenever she was alone. The victim's mother and elder sister were doing agricultural coolie work. The appellant and the victim used to go to parks and hotels regularly. The appellant presented a watch and a ring to the victim. The appellant informed the victim that she had to study further and get a degree, otherwise the appellant's family will not accept their love and for their marriage. The victim joined Mutlur Arts College, studied B.Sc (Physics) in the year 2018. On 16.01.2019, when the mother and sister of the victim were not at home, the victim called the appellant at 2:30 p.m. to come over and they were talking to each other. At that time, the appellant promised that he would marry her and forced her to have physical relationship. Though she resisted, he overpowered her and had physical relationship with her. The victim got shattered and she was crying. At about 4.00 p.m. PW2 and PW3, the mother and sister of the victim, came home and saw the victim and the appellant together. The mother of the victim, PW2 locked the door and went to inform the appellant's parents, who live four houses away from the victim's house. The appellant fell at the feet of PW3/sister of the victim and promised he would marry the victim after his sister's marriage in February 2019 and he was let go. The mother of the victim/PW2 found the appellant let off and scolded PW1 and PW3. On 17.01.2019, the victim met the appellant and asked for marriage, but he refused and hence, the victim consumed rat poison. PW2/mother of the victim, took her to Government Hospital, Chidambaram where PW9/Casualty Doctor treated her and recorded in Accident Register/Ex.P7. Thereafter, she was referred to Rajah Muthiah Medical College and Hospit
