Madras High Court
Saravanakumar vs State Rep. By Inspector Of Police on 24 September, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.932 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.932 of 2022
Saravanakumar ... Appellant
Vs.
State rep. by Inspector of Police,
All Women Police Station,
Dharapuram,
Tiruppur District.
Crime No.2 of 2020. ... Respondent
PRAYER: Criminal Appeal filed under Section 374(2) of Criminal
Procedure Code, to set aside the judgment passed by the learned Mahalir
Neethi Mandram, Tiruppur on 26.04.2022 in Special S.C.No.32 of 2020 and
allow this Appeal.
For Appellant : Ms.Chithra Ponds for
Mr.C.S.Saravanan
For Respondent : Mr.Leonard Arul Joseph Selvam,
Additional Public Prosecutor
JUDGMENT
Page No.1 of 14
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 This Criminal Appeal has been filed by the appellant to set aside the impugned judgment, dated 26.04.2022 in Special Sessions Case No.32 of 2020 passed by the learned Sessions Judge, Mahalir Neethimandram, Tiruppur (trial Court).
2.The conviction and sentence passed by the trial Court against the appellant are as follows:
● For offence under Section 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012, the appellant is convicted and sentenced to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for one year. ● For offence under Section 376(3) IPC, the appellant is convicted and sentenced to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for one year.
● For offence under Section 506(i) IPC, the appellant is convicted and sentenced to undergo two years Rigorous Imprisonment and to pay a fine of Rs.5,000/- in default to undergo Simple Imprisonment for three months.
3.Gist of the case is that on the date of occurrence, the victim girl/PW1 was a minor and her date of birth was 22.02.2005. PW2, the Page No.2 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 mother of the victim girl lodged a complaint (Ex.P2) to the respondent Police stating that on 07.01.2020 at about 06.00 p.m, the victim girl/PW1, who was studying 10th std in St.Aloysius Higher Secondary School, Dharapuram, found frightened and in a sobbing state. When PW2 enquired, the victim girl/PW1 informed that one month before, the appellant who is from same village, had forcibly taken her to his house threatening if she does not come, her parents will be done away, pushed the victim girl down, removed her clothes and committed penetrative sexual assault. This he was doing often. On 29.12.2019, when the victim girl was alone in her house at about 12.00 noon, the appellant came to her house and forcibly dragged the victim girl to his house and committed penetrative sexual assault. On 03.01.2020, the appellant took the victim girl in a bus by threat to Alangium and then to a river bed area, an isolated place and committed penetrative sexual assault. One Ms.Vedavalli, Sub Inspector of Police attached to the respondent Police received the complaint (Ex.P2), registered FIR (Ex.P9) in Crime No.2 of 2020 for offence under Sections 5(l) & 6 of Protection of Children from Sexual Offences Act, 2012 and Section 506(ii) of IPC. Thereafter, PW7/Inspector of Police took up investigation, visited the scene of occurrence i.e., the house of the appellant and river bed area, prepared Page No.3 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 Observation Mahazar (Ex.P5), Rough Sketch (Ex.P10), examined the witnesses, recorded their statements, sent the victim girl/PW1 to the Government Hospital, Dharapuram for medical examination, thereafter, produced the victim girl before the Magistrate, 164 Cr.P.C (Ex.P12) recorded, arrested the appellant on 08.01.2020, recorded his confession statement (Ex.P11) and sent the appellant to the Government Hospital, Dharapuram for potency test. The Doctor/PW5 conducted potency test and issued potency certificate (Ex.P8). The Doctor/PW6 examined the victim girl/PW1 and issued medical report (Ex.P6) and Accident Register (Ex.P7) confirming the victim girl is not virgin, hymen not intact. On collection of medical records and other documents, PW7 altered the Sections to 5(l)(i)(r) r/w 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 363, 376(3) & 506(2) of IPC and filed charge sheet before the trial Court.
4.During trial, on the side of the prosecution, PW1 to PW7 examined and Exs.P1 to P14 marked. On the side of defence, no witness examined and no document marked. On conclusion of trial, the trial Court convicted the appellant as stated above.
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5.The learned counsel for the appellant submitted that the appellant and victim girl/PW1 belong to same locality with similar social status and they were in love with each other. Since the parents of the victim girl not willing for the marriage, they forced the victim girl and lodged a false complaint (Ex.P2) as though the appellant committed penetrative sexual assault on the victim girl. She further submitted that the complaint (Ex.P2) was lodged with a delay of one month, for which, no plausible explanation given. In this case, the victim girl/PW1 forced to give statement and to depose against the appellant. Even in the complaint (Ex.P2), it is recorded that the complaint (Ex.P2) was at the instance of one Kanagaraj, a Communist Leader known to PW2's husband. PW2 admits in her evidence that she is not aware what is written in the complaint (Ex.P2) and the complaint (Ex.P2) was written by Kanagaraj and she only signed. In this case, apart from the victim girl/PW1 and her mother/PW2, no independent witness examined. Added to it, the father of the victim girl and the said Kanagaraj, who scribed the complaint (Ex.P2), not examined as witnesses. PW3 & PW4 are the witnesses for Observation Mahazar (Ex.P5), both confirmed that they are not aware what is written in Ex.P5 and only Page No.5 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 signature obtained by the Police. The Doctor/PW6 examined the victim girl/PW1 confirmed that there was no external injuries and no traces of recent sexual intercourse and hymen found ruptured. PW6 in her evidence admits that hymen could get disturbed due to other reasons.
6.The learned counsel further submitted that the victim girl/PW1 and the appellant got married and they have a girl baby Thamaraiselvi born to them on 02.02.2024. Both the victim girl/PW1 and the appellant are living as husband and wife with the concurrence and blessings of both families. At this stage, the learned counsel for the appellant relied upon the decision of the Hon'ble Apex Court and submitted that in a similar situation the Apex Court in “K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056”, considered the subsequent events and observed that the Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix. Hence, she prayed for setting aside the conviction and sentence imposed by the trial Court.
7.The learned Additional Public Prosecutor appearing for the respondent Police submitted that in this case PW1 is the victim girl and PW2 Page No.6 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 is the defacto complainant/mother of the victim girl, who lodged the complaint (Ex.P2). On the date of occurrence, the victim girl was a minor, her date of birth was 22.02.2005 and her birth certificate (Ex.P1) produced. On the complaint (Ex.P2), the victim girl was enquired, confirmed about the penetrative sexual assault committed by the appellant, thereafter, she was produced before the Doctor/PW6 for medical examination. The Doctor/PW6 confirmed that the victim girl was not virgin and hymen not intact and gave medical report (Ex.P6) and Accident Register (Ex.P7). Thereafter, PW7/Investigating Officer visited the scene of occurrence i.e., the house of the appellant and river bed area where the penetrative sexual assault said to have taken place on 29.12.2019 and 03.01.2020, prepared Observation Mahazar (Ex.P5) and Rough Sketch (Ex.P10). The victim girl confirmed that she was subjected to penetrative sexual assault by the appellant in her 164 statement (Ex.P12) as well as in her evidence before the trial Court. The appellant was arrested, confessed and admitted his guilt. The appellant produced before the Magistrate, remanded and thereafter, he was produced for medical examination. PW5 is the Doctor examined the appellant and gave potency certificate (Ex.P6). After examination of witnesses and collection of documents, charge sheet filed before the trial Page No.7 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 Court. During trial, on the side of the prosecution, PW1 to PW7 examined and Exs.P1 to P14 marked. On the side of defence, no witness examined and no document marked. On conclusion of trial, the trial Court convicted the appellant as stated above.
8.The learned Additional Public Prosecutor produced the letter given by the victim girl/PW1 confirming the marriage of the victim girl with the appellant and also produced the birth certificate confirming the birth of girl baby to them named Thamaraiselvi. He fairly submitted that the appellant married the victim girl and they are living as husband and wife and they have a girl baby born to them on 02.02.2024. It is also found that the appellant is the only earning member who is supporting and taking care of victim girl and the girl baby. In view of the subsequent development and considering the welfare and future of the appellant and the victim girl to live as husband and wife, this Court can decide the appeal.
9.Considering the rival submissions and on perusal of the materials, it is seen that prior to lodging of complaint (Ex.P2), the appellant and the victim girl were in love with each other. During their teenage relationship, Page No.8 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am ) Crl.A.No.932 of 2022 they had physical relationship. Later, a complaint (Ex.P2) lodged that the appellant committed penetrative sexual assault and the victim girl/PW1 also deposed against the appellant. But later, the difference of opinion is ironed out and the victim girl and the appellant got married and living as husband and wife and they have a girl baby named Thamaraiselvi born to them on 02.02.2024. Scanned reproduction of the letter given by the victim girl and the birth certificate of Thamaraiselvi are as follows: Page No.9 of 14
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10.Today, the appellant, victim girl and their girl baby Thamaraiselvi appeared through the video conference. Mr.M.Sivakumar, Special Sub Inspector of Police attached to the respondent Police Station confirmed their identity. On interaction with them, both the appellant and victim girl confirmed that they are living as husband and wife with their girl baby and leading a happy matrimonial life. Further confirmed that the conviction of the appellant would harm their matrimonial life more than serve justice.
From the birth certificate of the girl baby Thamaraiselvi, it is seen that the victim girl is the mother and the appellant is the father.
11.The Hon'ble Apex Court in K.Dhandapani's case had considered the subsequent events and observed that the Courts cannot shut its eyes to the ground reality and disturb the happy family life of the appellant as well as the victim girl. In view of the same, this Court is of the view that allowing the appellant and the victim girl to lead a happy family life would be the real justice. Further, the act of the appellant and the victim girl was due to the change of hormones and due to their innocence not knowing the seriousness and repercussion.
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12.In view of the above, the conviction and sentence imposed on the appellant in Special S.C.No.32 of 2020, dated 26.04.2022 by the learned Sessions Judge, Mahalir Neethimandram, Tiruppur are hereby set aside. The appellant is acquitted from all the charges levelled against him. Fine amount, if any, paid shall be refunded. Bail bond, if any, executed shall stand cancelled.
13.In the result, the Criminal Appeal stands allowed.
24.09.2025 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No vv2 To
1.The Sessions Judge, Mahalir Neethimandram, Tiruppur.
M.NIRMAL KUMAR, J.
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2.The Inspector of Police, All Women Police Station, Dharapuram, Tiruppur District.
3.The Central Prison, Coimbatore.
4.The Public Prosecutor, Madras High Court.
Crl.A.No.932 of 2022
24.09.2025 Page No.14 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/09/2025 11:42:34 am )