Blaming the police for "tardy and inefficient" probe, the Madras high court has acquitted a man of the charge of raping a hearing and speech-impaired woman despite a DNA test having confirmed that he was the father of a child born out of the relationship.
The DNA test had confirmed that the man was the father of the child, but that was not enough, and the police had not conducted an efficient investigation to prove the case, Justice M Sathyanarayanan of the Madurai bench of the court said, acquitting one Selvam charged with raping the woman, who is no more.
Allowing the appeal filed by Selvam, the judge blamed the police for "tardy and inefficient" investigation for not being able to confirm the conviction and sentence.
The judge said the police in Madurai district had registered a first information report in the case under sections 417 (cheating) and 376(1) (rape) of the IPC on the basis of a complaint lodged by the girl's brother in 1996.
According to the complainant, Selvam, who used to accompany the victim while grazing cattle, had raped her. The incident came to light only after she became pregnant.
The victim had told the local panchayat that Selvam had forced her into a sexual relationship, which he denied.
The FIR was registered on November 22, 1996, but the final report was filed only on September 24, 2004 and trial held from 2006. Meanwhile, the complainant, his mother and the sub-inspector who registered the case had died. They had not been examined.
The judge said the prosecution case fell on the ground as the complainant was not examined. It was very difficult to digest the explanation that the prosecution could not examine the complainant as he had died. They did not explain why it took two years to commence trial, the judge said.
As per the legal provisions, the appellant should have been sentenced to not less than seven years of imprisonment. But the Mahila court, in 2007, had sentenced him to just three years of imprisonment under section 376 (1) of the IPC.
The DNA test had confirmed that the man was the father of the child, but that was not enough, and the police had not conducted an efficient investigation to prove the case, Justice M Sathyanarayanan of the Madurai bench of the court said, acquitting one Selvam charged with raping the woman, who is no more.
Allowing the appeal filed by Selvam, the judge blamed the police for "tardy and inefficient" investigation for not being able to confirm the conviction and sentence.
The judge said the police in Madurai district had registered a first information report in the case under sections 417 (cheating) and 376(1) (rape) of the IPC on the basis of a complaint lodged by the girl's brother in 1996.
According to the complainant, Selvam, who used to accompany the victim while grazing cattle, had raped her. The incident came to light only after she became pregnant.
The victim had told the local panchayat that Selvam had forced her into a sexual relationship, which he denied.
The FIR was registered on November 22, 1996, but the final report was filed only on September 24, 2004 and trial held from 2006. Meanwhile, the complainant, his mother and the sub-inspector who registered the case had died. They had not been examined.
The judge said the prosecution case fell on the ground as the complainant was not examined. It was very difficult to digest the explanation that the prosecution could not examine the complainant as he had died. They did not explain why it took two years to commence trial, the judge said.
As per the legal provisions, the appellant should have been sentenced to not less than seven years of imprisonment. But the Mahila court, in 2007, had sentenced him to just three years of imprisonment under section 376 (1) of the IPC.
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