Madras High Court

Arunkumar vs State By on 13 October, 2025

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                                                Crl.A.No.594 of 2021




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 13.10.2025

                                                                 CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                                       Crl.A.No.594 of 2021


                     Arunkumar                                                             ... Appellant

                                                                    Vs.

                     State by
                     The Inspector of Police,
                     All Women Police Station,
                     Sethiyathope, Cuddalore District.
                     (Crime No.4 of 2019)                                                  ... Respondent

                     Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to admit the
                     appeal and to set aside the conviction and sentence imposed on the appellant
                     by judgment dated 29.07.2021 passed in S.C.No.242 of 2019 on the file of
                     the Sessions Judge, Mahila Court, Cuddalore.

                                       For Appellant         :        Mr.R.Sankarasubbu

                                       For Respondent        :        Mr.Leonard Arul Joseph Selvam
                                                                      Government Advocate (Crl. Side)




                     Page No.1 of 19




https://www.mhc.tn.gov.in/judis                  ( Uploaded on: 15/10/2025 03:03:03 pm )
                                                                                            Crl.A.No.594 of 2021




                                                             JUDGMENT

This Criminal Appeal is filed to set aside the impugned judgment in

S.C.No.242 of 2019 dated 29.07.2021 on the file of the learned Sessions

Judge, Mahila Court, Cuddalore.

2.The appellant/accused in S.C.No.242 of 2019 was convicted by the

Trial Court by judgment dated 29.07.2021 and sentenced him to undergo ten

years rigorous imprisonment and to pay a fine of Rs.30,000/-, in default to

undergo two years simple imprisonment for the offence under Section

376(1) IPC, to undergo one year rigorous imprisonment and to pay a fine of

Rs.10,000/-, in default to undergo three months simple imprisonment for the

offence under Section 417 IPC and to undergo five years rigorous

imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one

year simple imprisonment for the offence under Section 506(ii) IPC.

3.The case of the prosecution is that on 27.02.2019 the defacto

complainant/victim lodged a complaint to PW11, based on which, a case in

Crime No.4 of 2019 for the offense under sections 417, 376, and 506(i) IPC

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

registered and FIR/Ex.P9 registered. Thereafter, PW12/Inspector of Police,

All Women Police Station, took up further investigation, visited the scene of

occurrence, prepared observation mahazar and rough sketch in the presence

of PW5, examined the victim/PW1, her mother/PW2, sister/PW3 and the

neighbor/PW4. At that time, the victim informed that the appellant was

studying M.Sc in Annamalai University and the victim was working in a

private firm, both used to travel in the same bus and became friendly. On

23.07.2017, the appellant informed the victim that he was in love with her

and he will marry her. The victim refused and the appellant informed her

that if she is not accepting his love, he would end his life. The victim took

pity and started loving him. Both of them were in love with each other and

developed close relationship. Further, the victim and the appellant used to

meet at the victim's house whenever she was alone. The victim's mother and

elder sister were doing agricultural coolie work. The appellant and the

victim used to go to parks and hotels regularly. The appellant presented a

watch and a ring to the victim. The appellant informed the victim that she

had to study further and get a degree, otherwise the appellant's family will

not accept their love and for their marriage. The victim joined Mutlur Arts

College, studied B.Sc (Physics) in the year 2018. On 16.01.2019, when the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

mother and sister of the victim were not at home, the victim called the

appellant at 2:30 p.m. to come over and they were talking to each other. At

that time, the appellant promised that he would marry her and forced her to

have physical relationship. Though she resisted, he overpowered her and had

physical relationship with her. The victim got shattered and she was crying.

At about 4.00 p.m. PW2 and PW3, the mother and sister of the victim, came

home and saw the victim and the appellant together. The mother of the

victim, PW2 locked the door and went to inform the appellant's parents, who

live four houses away from the victim's house. The appellant fell at the feet

of PW3/sister of the victim and promised he would marry the victim after

his sister's marriage in February 2019 and he was let go. The mother of the

victim/PW2 found the appellant let off and scolded PW1 and PW3. On

17.01.2019, the victim met the appellant and asked for marriage, but he

refused and hence, the victim consumed rat poison. PW2/mother of the

victim, took her to Government Hospital, Chidambaram where

PW9/Casualty Doctor treated her and recorded in Accident Register/Ex.P7.

Thereafter, she was referred to Rajah Muthiah Medical College and

Hospital, Chidambaram, where PW7/Doctor gave treatment and issued

Accident Register/Ex.P5. From the hospital, information sent to the Police.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

PW10 went to Rajah Muthiah Medical College and Hospital, recorded the

statement of the victim and registered Ex.P8/CSR.No.23 of 2019. Since the

victim requested that she is only interested in her marriage with the appellant

and the appellant's family members opposing the same and wanted to join

the appellant and no coercive action to be taken. The victim, after one week

of treatment as inpatient, got discharged from the Hospital. Thereafter, the

victim's parents again went to the appellant's house for marriage proposal,

the appellant refused to marry and threatened the victim and her mother.

Hence, a complaint lodged on 27.02.2019 and FIR registered. The

appellant/accused was arrested on the same day. PW6/Doctor at Government

Hospital, Cuddalore, examined the accused and issued Potency report/Ex.P4.

The victim was produced for medical examination before PW8/Doctor on

02.03.2019, she also gave a 164 statement/Ex.P2 and thereafter sections

altered by Alteration report/Ex.P11. Thereafter, on collecting the documents

and medical records, charge sheet filed. During trial, PW1 to PW12

examined and Ex.P1 to Ex.P11 marked on the side of the prosecution. On th

side of the defence, no witness examined and no documents marked. On

conclusion of trial, the Trial Court convicted the appellant/accused as stated

above.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

4.The contention of the learned counsel for the appellant is that it is

admitted by the victim that the Appellant and the victim were in love with

each other from the year 2017, both regularly travelling in the same bus. The

appellant was studying M.Sc Physics and the victim going for a job.

Thereafter, their friendship blossomed into a love affair. They exchanged

their contact numbers and were in regular touch. When the victim wanted to

join a degree course, she took B.Sc Physics and took guidance from the

appellant who was studying M.Sc. Physics. Their love affair became thick

and they moved intimately, went to parks, restaurants and other places. The

appellant presented a watch and a ring to the victim. The relationship

became so close that the victim was constantly calling the appellant

whenever she was alone at home to spend time together. Even on 16.01.2019

the victim only called the appellant to her home and both were together, later

they had physical relationship knowingly and consciously, but later

projected physical relationship was forcible and on the false promise of

marriage, even today, the Appellant is unmarried and he is ready to marry

the victim and it is the victim who is not agreeing for the marriage. The

victim, on her own admission in the complaint, as well as in her 164

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

statement and during the evidence, admits love relationship and the physical

relationship on several occasions. In the medical record/Ex.P6, it is recorded

that the victim admits that on more than 20 occasions, they have been

together having physical relationship. The appellant and the victim both

educated persons and the victim admits that she had a conscious relationship

with the appellant knowing the consequences moved with the appellant

intimately. Now, she cannot make a turnaround against the Appellant. PW2

and PW3 are the mother and sister of the victim. Their evidence is with

contradictions, making allegations as though on 16.01.2019 the appellant

was kept under lock and thereafter he fell on the feet of PW3 and escaped

from the victim's house. Likewise, the appellant's refusal for marriage and

the appellant and his sister coming to the victim's house and threatened.

Further as regards appellant's sister gave rat poison and asked the victim to

end her life. Their evidence is with complete contradictions which is

admitted by the Investigating Officer/PW12.

5.The learned counsel for the appellant further submitted that

PW5/witness to the observation mahazar admits he does not know what is

written in Ex.P3. PW9 and PW7 confirm that on 17.01.2019 the victim was

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

taken to the Government Hospital at Chidambaram and thereafter to Rajah

Muthiah Medical College and Hospital, Chidambaram, wherein she took

treatment for one week as inpatient till 23.01.2019. PW8/Doctor who

examined the victim, confirms by medical reports that there was physical

relationship on several occasions. Thus, it is confirmed that the appellant

and the victim were in love with each other, they had a conscious

relationship, initially both decided to marry but for some reason, marriage

did not take place, now both are unmarried and the appellant is ready to

marry the victim. The appellant is first generation postgraduate from his

family. Both the appellant and the victim have similar social status and live

in the same area, with four houses between them. The Appellant is now

employed in a private factory Asahi India Glass Limited and he is the sole

breadwinner for his family. The appellant is preparing for the TET exam to

get Government employment which is the dream of the appellant. The

learned counsel for the appellant produced Statement of marks, Transfer

cum conduct certificate, Salary certificate and ID proof.

6.The learned Government Advocate (Crl. Side) opposed the

appellant's contention and submitted that in this case, the victim is the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

defacto complainant. The victim's father died some years before and victim's

mother brought up the victim, her sister and her younger brother with her

hard work, she is a agricultural coolie. After completing school, the victim

got admission in an Engineering College in Salem, later she discontinued her

studies and employed in a private firm. She used to travel in a particular bus

regularly and the appellant also travelled in the same bus. Both the appellant

and the victim hail from the same place. The appellant became friendly and

developed a relationship with her got attracted and developed a love

relationship. The appellant asked the victim to join a college and complete

her degree, so that the appellant's parents will not object to their marriage.

Believing this, she joined B.Sc Physics in Mutlur Arts Science College. The

appellant guided the victim during her admission and their bondage

thickened and both had intimate relationship. Taking advantage of this

relationship and on the false promise of marriage, the appellant on

16.01.2019, forced victim and had physical relationship despite her

resistance. The victim was shattered by the act of the appellant and she

started weeping. PW2 and PW3, the mother and sister of the victim, came

back home at 4:00 p.m., saw the appellant and victim together and sensing

the appellant had ravished the victim, PW2/mother locked the house and

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

confined the appellant in the house and went to call the appellant's parents.

In the meanwhile, the appellant pleaded and escaped from the house. On

17.01.2019, the victim met the appellant and asked for assurance for

marriage, but the appellant refused. Getting dejected, she consumed rat

poison. The victim was taken to the Government Hospital, Chidambaram

and later to Rajah Muthiah Medical College and Hospital, Chidambaram,

where she was treated as inpatient. The victim consuming poison recorded in

Ex.P8 by PW10.SSI. Since the victim and her mother were still under the

hope that the appellant will marry the victim, they had not further pursued

the complaint and the CSR was kept pending. After the marriage of the

appellant's sister, when the marriage proposal was again mooted by the

victim and her mother, the appellant and his sister not only refused, but also

abused and threatened the victim and her mother. Thereafter, complaint

lodged on 27.02.2019 and PW11 received the complaint. PW12 took up

investigation, recorded the statement of the victim, her mother and sister,

who confirmed the rape committed by the appellant on 16.01.2019. The

victim disclosed the fact to PW8 who examined and recorded in medical

report/Ex.P6. The victim gave a 164 statement to the learned Magistrate,

which is marked as Ex.P2. The accused was arrested in this case. In this

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

case, the victim/PW1, her mother/PW2, sister/PW3 and the medical

evidence and reports confirm that the appellant committed rape on the

victim. The appellant now makes a turnaround fearing for his conviction

projects as though appellant still serious about the relationship with the

victim and promise of marriage. The victim hurt so badly and she had given

a statement that she is not willing to marry the appellant.

7.Considering the submissions and on perusal of the materials, it is

seen that in this case PW1 is the victim who is a major and a graduate. She

admits that she was in conscious relationship with the appellant and its

consequences. It is admitted by PW1/victim that she and appellant were

intimate had physical relationship not once but on several occasions and it

was voluntary by medical record/Ex.P6. PW8/Doctor records the same.

Earlier to it, there was some resistance for the marriage between the

appellant and victim since the marriage of the appellant's sister was to take

place during February 2019. The victim, being an impulsive person had

consumed poison and she took treatment at Government Hospital

Chidambaram and thereafter at Rajah Muthiah Medical College and

Hospital, Chidambaram. PW9 and PW7 confirm the same. PW10/Sub-

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

Inspector of Police who recorded the statement of the victim. In Ex.P8

records is clear that the victim had not made serious allegation against the

appellant and she was interested to join the appellant by marriage which is

later projected against the appellant. Even in Ex.P8 her only intention was to

join the appellant and to marry him. It is seen that in this case both appellant

and the victim are unmarried and even today, the appellant is ready to marry

the victim and the victim when enquired about the marriage proposal by the

respondent police on 24.07.2024, the victim refusal for marriage and she had

forgotten her past relationship with the appellant and she is ready to forgive

him. The victim given a written letter rejecting the proposal. A scan

reproduction of the same is as follows.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

8.It is now seen that it is the victim who is not interested to marry the

appellant though the appellant is still unmarried and ready to marry the

victim. The Panchayat President of Vakkur Panchayat where the victim

resides, also took initiative along with the elders in the village. The victim

was stead foot not willing to marry the appellant and further, the marriage

for the victim was arranged with another person. Thus, it is seen that the

victim and the appellant, both major, educated, world wise, were in love

with each other, had a conscious relationship knowing the consequences. It

is seen that the victim now not willing to marry the appellant. Further, the

evidence of the mother and sister of the victim, PW2 and PW3 are with

exaggeration and contradictions, admitted by PW12. From the exaggerations

and contradictions, it is seen that PW2 and PW3 somehow wanted to pin

down the appellant. Now only the evidence of PW1 is available, who is a

major, educated consciously were in close relationship with the appellant

unmindful of consequences.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

9.The Apex Court in the case of Prashant vs. State of NCT of Delhi

reported in 2025 (5) SCC 755, dealt with a similar issue and held that when

the parties met multiple times at various places, including parks and in the

house of the victim whether it is projected that the appellant had a forceful

sexual relationship with her, neither did she stop meeting the appellant

thereafter nor did she file a criminal complaint during the said period. It

further held that it is inconceivable that the victim would continue to meet

the appellant or maintain a prolonged association or physical relationship

with him in the absence of voluntary consent on her part. The appellant and

the victim were in a consensual relationship. They both are education

adults. Further in paragraph No.20 it is observed as follows:

“20...............The relationship between the parties was codial and also consensual in nature. A mere break up of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not fructify into a marital relationship.”

10.In view of the above, this Court is inclined to set aside the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

conviction and sentence imposed by the Trial Court.

11.In the result, this Criminal Appeal stands allowed setting aside the

judgment dated 29.07.2021 in S.C.No.242 of 2019 passed by the learned

Sessions Judge, Mahila Court, Cuddalore. The appellant is acquitted from all

charges. Bail bond if any executed shall stand cancelled. Fine amount if any

paid shall be refunded.

13.10.2025 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No cse

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/10/2025 03:03:03 pm )

1.The Inspector of Police, All Women Police Station, Sethiyathope, Cuddalore District.

2.The Sessions Judge, Mahila Court, Cuddalore.