A
Tamil Nadu woman, who had resisted a Madras High Court suggestion to
marry the man she accused of raping her when she was a minor, was forced to marry him. (pictured with her daughter)..
On
December 29, 2015, tired of the court battles, the 22-year-old woman
returned to him with her daughter born out of the rape after his
conviction was set aside by another High Court judge and her case sent
back to the lower court. She told the Cuddalore Mahila Court that she
had married the accused after a
settlement and they were now living together. The case was therefore
closed and the man acquitted by the court.
Last June, Justice D Devadass, citing religion and its capacity for
reconciliation, had referred her case for mediation with the accused.
But the woman had slammed the order:
"Did
the judge ever think how I
suffered all these years? He knew I had a baby from that rape. And now
this single order of his wants me to go through that suffering again."
In October, Justice A Selvam set aside the man’s conviction and the fine
imposed on him. He referred the case back to the Cuddalore court for
fresh trial on an appeal filed by the man who claimed the girl was a
“major” when they had a “consensual” relationship.
The victim said she was 15 when she was raped in 2008. Her parents
passed away and she became the mother of a child born from the rape. The
man was convicted and fined Rs 2 lakh by the Cuddalore Mahila Court in
2014 based on evidence that included DNA samples.
Last
October, when the man’s second appeal was being heard by the High
Court, the prosecution submitted the woman’s school transfer certificate
to prove she was only 15 when she was raped, and that sex with a minor
was rape under the law.
But Justice Selvam observed that the trial court had only relied on
her oral submission and had failed to examine documents establishing her
age. Justice Selvam referred the case back to the lower court for
verification of her age and also set aside the man’s conviction. The
trial court was directed to refund the fine and compensation sum that
had been paid by the accused.
The woman’s brother told The Indian Express that she was “helpless” after the second High Court order.
"After the HC
referred her case back to Cuddalore, the court summoned officials to
verify the authenticity of her birth certificate. The proceedings went
on for days. One day, she took her child to the court and said she will
marry him and go with him.
"The last HC order had dashed her hopes. I was
struggling without a job, and she felt she was being a burden,
dependent on me. She knew he (the accused) was trying to marry her only
to escape conviction. He succeeded," her brother said.
Justice K Chandru, a retired High Court judge, said being the
appellate authority, the High Court could have verified the documents
proving the girl’s age within a week or two instead of referring back
her case and releasing the convict."
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