Pay ₹3L relief or get 3-yr RI, HC tells man who cheated woman
Srikkanth.D@timesgroup.com
Madurai:08.02.2019
An accused, who was sentenced to one year in jail by a Thanjavur court in 2007 for refusing to marry the woman he impregnated had his appeal turned down by the Madurai bench of the Madras high court. The court also directed the man to pay ₹3 lakh to the woman, failing which he would have to undergo three years rigorous imprisonment, in addition to the trial court’s sentence.
Justice J Nisha Banu dismissed the appeal by the accused, Senthil Kumar, who was initially booked under sections of the SC/ST (Prevention of Atrocities) Act along with Section 417 (cheating) for refusing to marry a lower caste woman after impregnating her. The trial court found him guilty under Section 417 and acquitted him of other charges. The DNA report submitted before the trial court also proved the accused is the biological father of the child.
In the appeal, the accused’s counsel contended that there is no evidence to show that he promised to marry her and there was no deception involved and the woman, an adult, wilfully entered into the relationship with the man. To this, the court responded that in these cases, court cannot expect evidence from other aspects and that without the assurance of marriage, it could not have been possible for a woman to have sexual intercourse with a man.
“No prudent girl would allow a man to have sexual intercourse just for lust, that too, in Indian culture. It has its own values from time immemorial,” the court observed. The court also dismissed other contentions by the accused as means to escape from the clutches of law. The accused has to be held responsible for the stigma attached and directed him to pay ₹3 lakh to the victim, failing which, the district collector of Thanjavur is directed to recover the sum from the accused and pay the victim.
Srikkanth.D@timesgroup.com
Madurai:08.02.2019
An accused, who was sentenced to one year in jail by a Thanjavur court in 2007 for refusing to marry the woman he impregnated had his appeal turned down by the Madurai bench of the Madras high court. The court also directed the man to pay ₹3 lakh to the woman, failing which he would have to undergo three years rigorous imprisonment, in addition to the trial court’s sentence.
Justice J Nisha Banu dismissed the appeal by the accused, Senthil Kumar, who was initially booked under sections of the SC/ST (Prevention of Atrocities) Act along with Section 417 (cheating) for refusing to marry a lower caste woman after impregnating her. The trial court found him guilty under Section 417 and acquitted him of other charges. The DNA report submitted before the trial court also proved the accused is the biological father of the child.
In the appeal, the accused’s counsel contended that there is no evidence to show that he promised to marry her and there was no deception involved and the woman, an adult, wilfully entered into the relationship with the man. To this, the court responded that in these cases, court cannot expect evidence from other aspects and that without the assurance of marriage, it could not have been possible for a woman to have sexual intercourse with a man.
“No prudent girl would allow a man to have sexual intercourse just for lust, that too, in Indian culture. It has its own values from time immemorial,” the court observed. The court also dismissed other contentions by the accused as means to escape from the clutches of law. The accused has to be held responsible for the stigma attached and directed him to pay ₹3 lakh to the victim, failing which, the district collector of Thanjavur is directed to recover the sum from the accused and pay the victim.
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