‘Semen’ becomes ‘semman’, rapist almost escapes

HC ORDERS 5-YR JAIL

‘Semen’ becomes ‘semman’, rapist almost escapes

Srikkanth.D@timesgroup.com

Chennai:17.07.2021 

A typographical error of ‘semen’ being recorded as ‘semman’ (which means red sand in Tamil) almost allowed a rape accused to go scot-free, before the Madras high court stepped in and reversed his acquittal by a lower court.

Instead of mentioning that a two-and-a-half-year-old girl’s genitals had traces of ‘semen’, the chargesheet mentioned it as ‘semman’ — meaning red soil in the genitals. Citing the ‘dirt’ that might have got stuck as the child might have been playing around, the Tiruvarur district Mahila court freed the offender from the case. Justice P Velmurugan of the Madras HC, however, sentenced S Prakash of Tiruvarur district to five-year jail term and directed the government to pay ₹1 lakh compensation to the girl. In September 2017, Prakash raped the child when her mother stepped out to buy food. On her return, the mother found the child crying and noticed a white liquid on her private parts. She admitted the child to a hospital and lodged a complaint. The prosecution told the HC that while recording evidence before the trial court, the word ‘semen’ in English was typed as ‘semman’ in Tamil.

‘Culprits are escaping due to tech reasons’

Taking advantage of the mistake committed by a typist during trial, the defence had argued that what the mother found on her child was ‘red colour soil’ (semman) and no semen was found in the child’s undergarments.

Justice Velmurugan said the investigating officer should have made more effort, and added: “Culprits are escaping due to technical reasons and, unfortunately, investigation wing is also not up to the standard. The trial court also, at times, are not applying their minds and exercising their discretionary power either to direct for reinvestigation or searching for proof beyond reasonable doubt, giving benefit of doubt to the accused.”

Justice Velmurugan said in cases like these delay in filing FIR should not be fatal to the case of the prosecution. Pointing out that the police complaint clearly showed that the woman had meant white colour fluid and that it was the typist who wrote the English word ‘semen’ as ‘semman’ in ‘Tamil, the judge said, “admittedly, the defence side has taken flimsy defence that the mother stated as “semman colour.”