Cuddalore minor rape case: Two court orders against her, woman ‘forced’ to marry her ‘rapist’

In July 2015, a big controversy erupted in the state when another judge D Devadass of the Madras HC referred her case for mediation with the accused citing religion and its capacity for reconciliation.

Written by Arun Janardhanan | Chennai | Updated: January 9, 2016 9:59 am
Cuddalore, Cuddalore minor rape, Cuddalore rape, Cuddalore, rape news, madras, madras high court, india news The rape victim, her daughter at their village. Express Archive

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, returned to him last month 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.

On December 29, the 22-year-old woman, weary of the court battles, told the Cuddalore Mahila Court that she had married the accused after a settlement and they were now living together. The court acquitted the man.

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 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.

“There is a popular Tamil proverb which says ‘sometimes it is better to fall at the feet of the accused than the witness’. She must have been forced to choose the same,” Justice Chandru said.

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  1. D
    Deepak Singh
    Jan 8, 2016 at 7:12 pm
    Hc have failed to give justice to l
    Reply
    1. M
      Muhamed Hussain
      Jan 9, 2016 at 12:46 am
      A rapist should be converted into a female with $ex change operation and put in market as a pr0sute. All the proceeds from this business should go to the victim for rehabilitation. This has several benefits: Fist of all, the medical students should be allowed to perform this operation, so they would master the operation procedure. Second, a rapist is $ex m@niac, so after operation, that person will get plenty of it. Unfortunately, the victim had to suffer, but the money collected should provide some relief to cope with the trauma.
      Reply
      1. C
        Chandrashekhar Deshpande
        Jan 9, 2016 at 12:31 am
        What was the decision if the said woman was the girl of any of the Judges?
        Reply
        1. K
          Kaliyug
          Jan 9, 2016 at 6:54 pm
          The victim is victimized twice by expecting her to marry the rapist. i do not know how a judge can p this order in sane mind.
          Reply
          1. d
            dv1936
            Jan 9, 2016 at 3:54 am
            It looks more like rape of law itself, what a cruel joke, disgusting.
            Reply
            1. T
              tyhj
              Jan 9, 2016 at 7:24 am
              We want to know the Religion of the Survivor and the Accused Rapist. The Pressude Media does not report all the fact. Was it that the Rapist wanted to shame a particular religion which the Girl belongs. There is too much in here , than what we see and read.
              Reply
              1. D
                Dr.Karpakal Prasad
                Jan 9, 2016 at 8:34 am
                IMAGINE IF THIS HAD HAPPENED TO A RELATIVE OF A POLITICIAN/BUREAUCRAT/LEARNED JUDGE HIMSELF ?
                Reply
                1. D
                  Dr.Karpakal Prasad
                  Jan 9, 2016 at 8:31 am
                  IS THIS TAMIL NADU CULTURE ? WE PRAY GOD TO OPEN HIS EYES TO SET RIGHT THINGS. HERE IS A CASE OF RAPIST LAUGHING BEHIND EVERY RULE IN THE BOOK WHILE WE ARE JUST DUMMIES !
                  Reply
                  1. K
                    Kiran Kumar
                    Jan 9, 2016 at 1:19 am
                    Disgusting how the courts in India p arbitrary judgements. Shame!!!
                    Reply
                    1. M
                      madan gupta
                      Jan 9, 2016 at 1:18 am
                      यह रेप नहीं है. अब यह आराम से पति, पत्नी और बच्चे के साथ रह सकते हैं. पहले इनको मज़ा आता है फिर रेप का केस बना देती हैं.
                      Reply
                      1. H
                        heena
                        Jan 9, 2016 at 6:02 am
                        Madras High court is very well known for ping such irresponsible judgement even with out verifying the date of birth certificate properly. These types of judgement can happen only in TN.
                        Reply
                        1. O
                          OmKar
                          Jan 9, 2016 at 4:48 am
                          These judges are learning from Islam.
                          Reply
                          1. O
                            Omprakash
                            Jan 9, 2016 at 12:24 pm
                            This is what happened when we have no criteria of selecting judges. This is the standard of High court judge, and then they are promoted to Supreme court. They do not want NJAC. Judges have usurped the right to appoint themselves, 50% of the High court judges and Supreme court judges are relative of former judges. They are government servants / public servants and they are not accountable to anyone. The only way to take them out is by impeachment. Not a single judge since the independence has been impeached or removed. Which means not a single judge is corrupt. All the High court judges as administrative judges of lower judiciary fleece the lower court judges, they want VIP service when they visit the District. How can a lower court judge afford this. Also, the people who are so blatantly take about merit and reservation, should know, the present judiciary has 90% judges in the high court and supreme court from High caste. So support the Govt for NJAC, demand for merit based system (some UPSC type exams for judges of High court or Supreme court). Today they have got absolute power and they are absolutely corrupt. If only they can deliver justice in time bound manner, people will become law abiding, there will be less corruption. Today everyone knows it will take years to get the judgement so why to care. There should be time bound way to deliver justice, say, 3 months in lower court, 3 months in High court and 3 months in supreme court. May be I am asking too much, then at least one year for each court is not so bad. no more than 2 adornments. They go on saying justice hurried is justice buried and justice dela is justice denied. I don't know what to make out of it. BJP tried but has got no support. People have to rise and thrash this judges only then they will learn.
                            Reply
                            1. R
                              Raman
                              Jan 9, 2016 at 3:05 am
                              What a wonderful way of dealing the case. Hurt feelings may never be forgotten life long. Flounder around in a sea of confusion. Instead of referring the case back to the lower court , the High Court could have proceeded further on its own as stated by the Justice (Mr). Chandru, High court judge (Retd). The negative atude of rapists could not be brushed aside, and they warrants stringent action. Such rapists deserves to be awarded major punishment with out any mercy which should be a lesson to all.
                              Reply
                              1. K
                                kj kj
                                Jan 9, 2016 at 7:02 am
                                hindu mythology like Ramayan and Mahabharat says kill the rapists and kidnappers..that what Bheem, Rama and Krishna did... duryodhans , dushasan and ravan are killed because they disrespected and tried to harm women..so why marry the rapists.... now...do we not respect women anymore like in ancient times
                                Reply
                                1. K
                                  kj kj
                                  Jan 9, 2016 at 8:39 am
                                  if its hindu culture then they will follow ramayana and mahabharat
                                  Reply
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                                    truth
                                    Jan 10, 2016 at 4:44 am
                                    not Tamil nadu culture, one of the imported customs from north india
                                    Reply
                                    1. V
                                      vijay
                                      Jan 9, 2016 at 5:48 am
                                      Lets hope that India soon have Rule of law in place of the Rule of the Judges....who have failed to curb their whims and fancies till date....you may find several such cases to prove my view.
                                      Reply
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