Criminal Appeal No. 39 of 2017, (Arising out of SLP(Crl.) No.9073 of 2015). Case: Sri Ganesh Vs State of Tamil Nadu and Anr.. Supreme Court (India)
| Case Number | Criminal Appeal No. 39 of 2017, (Arising out of SLP(Crl.) No.9073 of 2015) |
| Judges | Pinaki Chandra Ghose and Uday Umesh Lalit, JJ. |
| Issue | Indian Penal Code - Sections 417, 506(ii), 376, 109; Juvenile Justice (Care and Protection of Children) Act, 2000 - Section 7A; Criminal Procedure Code - Sections 216, 482 |
| Judgement Date | January 06, 2017 |
| Court | Supreme Court (India) |
Judgment:
Uday Umesh Lalit, J.
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Leave granted.
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This appeal by special leave challenges the Judgment and Order dated 13.10.2015 passed by the High Court of Madras in Criminal Revision Case No.383 of 2015. In order to avoid any identification of the victim, we have transposed the original respondent No.1 namely, the Complainant as respondent No.2 and the State is now shown as respondent No.1 in the matter.
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Pursuant to complaint by the complainant, FIR vide Crime No.5/2010 was initially registered under Sections 417 and 506(ii) IPC on 26.03.2010 with Old Washermenpet Police Station, Chennai against the appellant, his father, mother and uncle. After carrying out necessary investigation, charge-sheet dated 18.11.2010 was filed against the appellant under Section 376 IPC and against his parents and uncle under Sections 417 read with 109 IPC and 506(ii) IPC. It was alleged that the appellant had become friendly with the victim while they had reached 10+2 standard; that this fact was known to the family of the appellant who treated the victim as their daughter-in-law; that the appellant had committed sexual intercourse with the victim on 5 to 6 occasions; and that the behavior of the family of appellant later changed and they refused to perform the marriage. It was alleged that the appellant thus committed offence under Section 376 IPC while his family members were guilty of offence under Sections 417 read with 109 IPC and 506(ii) IPC.
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Appropriate charges under the aforesaid Sections having been framed, Criminal O.P. No.9823 of 2011 was filed in the High Court seeking quashing of those charges. The High Court by its Order dated 20.06.2012 quashed the charges as against the parents and uncle of the appellant but dismissed the challenge raised by the appellant. Consequently the trial proceeded only against the appellant for the offence punishable under Section 376 IPC. On 18.09.2012, the victim deposed before the trial court as PW-1. In her examination-in-Chief she deposed:
"...................I firmly believed that the accused and his family will not leave me and our marriage would definitely solemnize. After this the accused forced me and had intercourse with me 5 to 6 times."
The victim however in her examination in chief did not give any probable period or time when the intercourse had last taken place. In her cross-examination conducted on 06.10.2012, to a pointed query she answered, "We had intercourse finally in August, 2009".
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At that juncture, the cross-examination of the victim was stopped and a plea of juvenility of the appellant was raised. It was submitted that going by the assertions of the victim, the appellant was definitely a juvenile on the alleged...
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