Tamil Nadu - Madurai

Dalit woman's plea alleging rape dismissed

Staff Reporter

Court says she filed case with mala fide intention


She had signed agreement that she would not interfere with life of rape accused

Police had conducted probe following complaint by petitioner and
matter was settled: judge

MADURAI: The Madras High Court Bench here has dismissed a petition
filed by a Dalit woman post-graduate from Madurai seeking a direction
to register a rape case against an employee of the Police Department.

Justice R. Mala refused to entertain the case on the ground that the
petitioner had approached the court, with a “mala fide” intention, a
month after signing an agreement that she would not interfere with the
life of the rape accused.

The judge pointed out that the police had conducted an enquiry
following a complaint lodged by the petitioner and the matter was
settled by signing the agreement in the presence of a Dalit leader, a
notary public and an advocate.

“Even though the petitioner belongs to a depressed class, she is well
educated and an M.A. graduate and knows the consequences of the
agreement. The occurrence is alleged to have taken place in 2007, but
she has come forward with this complaint only after a lapse of three
years. Hence, I do not find any merits in the petition and the same
deserves to be dismissed,” the judge said.

According to the woman, the accused, a caste Hindu, came into contact
with her when she was undergoing her second-year in the post-graduate
course. He had a physical relationship with her on the promise of
marrying her by convincing his parents. However, he did not keep up
his promise and married another girl.

A complaint was lodged with the Superintendent of Police to register a
case against the accused under Sections 376 (rape), 313 (causing
miscarriage without woman's consent), 506 part II (criminal
intimidation) of the Indian Penal Code, besides a few other provisions
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.

The complaint was referred to T. Kallupatti police station but no case
was registered and hence the present petition.

Filing a status report before the Bench, the police claimed that both
the victim as well as the accused had entered into an agreement in the
presence of C.M. Periyasamy, the State president of Ambedkar Jana
Sakthi, on June 3 stating that they would not interfere in each
other's life.


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