Professional Documents
Culture Documents
..
Appellant/A-1
..
Respondent
vs.
State Represented by:
The Inspector of Police,
All Women Police Station,
Vridhachalam,
Cuddalore District.
(in Crime No.21 of 2008)
: Mr.C.Arunkumar
For Respondent
: Mr.P.Govindarajan,
Additional Public Prosecutor.
2
ORDER
In this petition filed under Section 389 Cr.P.C., A-1 seeks
suspension of his sentence of imprisonment imposed upon him in the
Sessions Case in S.C.No.373 of 2009 on the file of the learned
Additional Sessions Judge, Mahila Court, Cuddalore.
2. A-1 was prosecuted along with A-2 and A-3. A-2 and A3 were acquitted from the charges under Section 417 read with
Section 109 IPC. However, A-1 was convicted under Section 376 IPC
and sentenced to 7 years R.I. and fined Rs.5,000/ in default 1 year
R.I. and under Section 357(3) Cr.P.C., he was directed to pay a
compensation of Rs.2 lakhs to PW-1. He was acquitted from the
charge under Section 417 I.P.C.
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5. It is pertinent to note that PW-1 gave birth to a female
child on 14.7.2009. PW-5, who conducted DNA test confirmed that the
said child was born to PW-1 through A-1.
6. Before the Trial Court, A-1 took the stand that he had
physical contact with PW-1, but it was consensual.
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women is interwoven in its cultural raiment of
which Hinduism and Islam are the main
strands. It is the catchword of Hindu familial
jurisprudence and so of its mythology that
where women are revered gods live. So does
Islam venerate motherhood in uneloquent
language, and ordains underneath mother's
feet
is
the
paradise
besides
the
Quran
10. Women are the soft targets of male lust. For anything
and everything, they are being blamed. Very often, they are being
forgotten that they too are humanbeings. They are considered as
chattels, although in our country, they are hailed as 'Sakthi', 'Mother',
'Sister', 'Nurse', 'Life Partner', 'Face Saver', 'All in One'.
And behind
every man's success, they are there. They do deserve dignity than
indignation.
11. Right to live with human (woman) dignity enshrined in
Article 21, Constitution of India give them right to live with dignity
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and proper status. [see Bandhua Mukti Morcha vs. Union of India
(1984 (3) SCC 161) and Vikram Deo Singh Tomar vs. State of Bihar
(AIR 1988 SC 1782)]. Yet the position of the women and children in
this country is highly deplorable. They don't want (man's) charity but
opportunity and parity. Proper empowerment to them will be their real
emancipation.
conventional
has
been
court system,
adopted
by
a new dispute
Indian
Legal
resolving
System.
It
is
as
'Mediation',
'Conciliation',
'Settlement',
'Lok
Adalat',
6
there are instances of solving the disputes in a non-belligerent
manner. The result of it is very good because there is 'no victor, no
vanquished'. Thus, 'Trinity' propagates humanity.
16.
Section
320
(1)
and
(2)
Cr.P.C., dealing
with
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Hon'ble Supreme Court referring to the proviso to Section 376 IPC
considered the said aspects a special reason to reduce the sentence to
the period undergone. [Also see Wasim vs. State {CDJ 2014 DHC
2901}]. Thus, human sentiments and human elements also has been
noticed by the Court.
even
in
criminal
to
attempt
at
Petitioner
is
20,
while
the
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woman. Petitioner is an eligible bachelor. Now
he is in jail for more than 50 days.
5. Some solution has to be arrived at
because there is a big question mark before
the girl. Her future is very important.
24. In the circumstances, ordered as under:(i) Refer this matter to the Mediation Center attached to
this Court;
(ii) The learned Additional Sessions Judge, Mahila Court,
Cuddalore will deposit the deposited Rs.1 lakh in Indian Bank,
Thittakudi, Cuddalore District
PW-1;
(iii) The Branch Manager, Indian Bank, Thittakudi shall
regularly disburse the accrued monthly interest on the said deposit to
PW-1;
(iv) Till the Mediation process is over, petitioner/A-1 is
granted interim appeal bail;
(v) There shall be two sureties, who shall be the parents
of the petitioner and they and the petitioner shall execute a bond for
Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of
the said Judge;
(vi) The Mediation Center will fix a date and send notices
to PW-1 and A-1, close relatives of PW-1 and parents of A-1 shall be
made to participate in the Mediation process;
(vii) The Mediation Center will permit the learned counsels
appearing on both sides to assist the Mediators;
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(viii) A-1 shall appear before the Mediation Center as and
when so ordered;
(ix) Compromise, if any, arrived at shall be reduced into a
form of a Memorandum of Understanding (M.O.U.) and it shall be
submitted to this Court.
(x) Violation of spirit of this order and terms and
conditions stated above will entitle PW-1 or the respondent-Police to
move this Court for cancellation of the interim appeal bail granted to
the petitioner.
(xi) Along with the Mediation Report, this miscellaneous
petition shall be reposted before this Court.
Index : Yes/No.
Internet: Yes/No.
Svn
18-06-2015
Copy to:
1.The Principal Sessions Judge, Cuddalore.
2.The Additional Sessions Judge, Mahila Court, Cuddalore.
3.The Member Secretary, Tamil Nadu State Legal Services Authority,
Chennai.
4.The Director, Tamil Nadu State Judicial Academy, Greenways Road,
Chennai-28.
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5.The Secretary, High Court Legal Services Committee, Chennai.
6.The Officer In-charge, Mediation Centre, High Court, Madras.
7.The Public Prosecutor, High Court, Madras.
8.The Superintendent, Central Prison, Cuddalore.
9.The Inspector of Police, All Women Police Station, Vridhachalam,
Cuddalore District.
10.The Section Officer, Criminal Section, High Court, Madras.
11.The Manager, Indian Bank, Thittakudi, Cuddalore District.
P.DEVADASS, J.
Svn
M.P.No.2 of 2014
in Crl.A.No.402 of 14
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18-06-2015