Madurai:
Madurai Bench of Madras High Court has ordered a retrial into a rape case, admitting a petition by the victim seeking to set aside a lower court order framing charges against the alleged rapist under a lighter Indian Penal Code provision.
The woman of Sivaganga had filed a complaint with Karaikudi police alleging that one Nachiappan alias Venkatesan had raped her a few years ago. She also alleged a former Member of Legislative Assembly Koothakudi Shanmugam held a 'kangaroo' court and forced her to withdraw her complaint against the accused and alter the charge promising to settle the matter in her favour.
Based on the altered complaint, an First Information Report was registered by police in which it was stated that the woman had given consent for intercourse. Based on this, the Principal District munsif-cum-judicial magistrate court, Karaikudi, chose to frame charges for an offense under section 417 Indian Penal Code (punishment for cheating) alone against Venkatesan.
On June 20, 2011, she preferred a petition before the trial court in Karaikudi to alter the charge under Indian Penal Code Section376(punishment for rape). Her petition was dismissed by the court. Hence, she preferred the petition in the high court.
According to the petitioner's counsel, the accused made a false promise to marry her, which she believed to be genuine.
She would not have consented for such intercourse had she known the intention of the accused and the fact that he was making only a false promise to secure her consent.
Justice P R Shivakumar, in his recent order, said whether the accused made any promise with a genuine intention to fulfil the same and later on, due to some of change of circumstances, he was not able to keep the promise or he made a misrepresentation regarding his intention and got the consent, could be decided only after conducting a trial.
The judge directed the district munsif-cum-judicial magistrate court, for committing the case, to the sessions court for trial.
The woman of Sivaganga had filed a complaint with Karaikudi police alleging that one Nachiappan alias Venkatesan had raped her a few years ago. She also alleged a former Member of Legislative Assembly Koothakudi Shanmugam held a 'kangaroo' court and forced her to withdraw her complaint against the accused and alter the charge promising to settle the matter in her favour.
Based on the altered complaint, an First Information Report was registered by police in which it was stated that the woman had given consent for intercourse. Based on this, the Principal District munsif-cum-judicial magistrate court, Karaikudi, chose to frame charges for an offense under section 417 Indian Penal Code (punishment for cheating) alone against Venkatesan.
On June 20, 2011, she preferred a petition before the trial court in Karaikudi to alter the charge under Indian Penal Code Section376(punishment for rape). Her petition was dismissed by the court. Hence, she preferred the petition in the high court.
According to the petitioner's counsel, the accused made a false promise to marry her, which she believed to be genuine.
She would not have consented for such intercourse had she known the intention of the accused and the fact that he was making only a false promise to secure her consent.
Justice P R Shivakumar, in his recent order, said whether the accused made any promise with a genuine intention to fulfil the same and later on, due to some of change of circumstances, he was not able to keep the promise or he made a misrepresentation regarding his intention and got the consent, could be decided only after conducting a trial.
The judge directed the district munsif-cum-judicial magistrate court, for committing the case, to the sessions court for trial.
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