HC confirms sentence for teacher in rape caseTNN | Updated: Mar 10, 2017, 05.58 AM IST



CHENNAI: In one of the quickest ever disposals of a criminal appeal, the Madras high court has confirmed a special court order convicting a teacher of luring and repeatedly raping a Class IX girl, but has reduced the sentence from 20 years to 14 years.

The bench of Justice S Nagamuthu and Justice N Authinathan, confirmed Madavan's conviction, and refused to show much mercy though his counsel pleaded that he was married man with two children, who are "completely helpless."

"In our considered view, it may not be a mitigating circumstance. However, taking into account the age of the accused, his socio-economic background, the fact that he is a first time offender and that he does not have any other bad antecedent, we are of the view that reducing the substantive sentence of imprisonment to 14 years with fine would meet ends of justice," the bench said.

A fast track mahila court in Ariyalur had sentenced Madavan to 20 years rigorous imprisonment on September 15, 2016.

According to the Ariyalur police, the social science teacher at a government school in the district, told the Class IX girl that he loved her and promised to marry her. He took her to places like Trichy and Puducherry. Between September 4 and 9, 2015, he lodged her at a house in Jayamkondam, after introducing her to the landord as his wife.

In its present order, the HC bench brushed aside technical objections raised by the defence, and held that the trial court was not wrong in taking cognizance of the case without any formal written order.

As for proceedings under the Pocso Act, the bench said it was unfortunate that mandatory procedures prescribed in the Act had not been followed and the victim had not been examined in camera. Slamming the prosecution as well as the trial court, the judge said they even thought of remanding the matter back to the trial court for re-trial. They, however, decided against the idea since it would mean further embarrassment to the child.

They also made light of the child's unclear deposition and denial of rape saying it may be due to her examination in open court.

More importantly, The judges referred to clinching medical evidence which showed the girl had been subjected to frequent sexual intercourse. They also pointed out that Madavan had introduced her to several people including the house owner in Jayamkondam as his wife and that he lived with her for four days. Holding Madavan guilty of aggravated penetrative sexual assault, the judges said the trial court order need not be interfered with. Citing former President APJ Abdul Kalam's words that teaching is a noble profession that shapes character, caliber and future of individuals, the bench said, "alas, shockingly, in this case, a shameless teacher is alleged to have sexually exploited a female child of 14 years of age, who was his student. He is but an evil being."