R.NARESH Vs. STATE

JUDGEMENT

(1.) The petitioner/accused in S.C.No.207 of 2024 facing trial for the offence under Ss. 417 and 376(1) IPC on the file of the Mahila Court, Chengalpattu filed this Criminal Original Petition.

(2.) Case of the prosecution is that the defacto complainant in this case lodged a complaint on 5/7/2023 stating that she was residing along with her parents in Panaiyur village. She completed her Diploma in Nursing and was working in Mount Multispecciality Hospital as Nurse. During 2018, the defacto complainant attended marriage of her aunt's daughter in Mylapore where she met the petitioner, cousin of the bridegroom and they became friendly. During November 2021, the defacto complainant joined Hariharan Diabetic and Heart Care at Nanganallur and she was staying along with her friends and colleagues at Ullagaram, Madipakkam, Chennai. The relationship between the petitioner and the defacto complainant continued. Whenever she was alone and her room-mates away, she called the petitioner and both spend time together and they became intimately close. Thereafter, the defacto complainant joined Adiparasakthi Hospital at Melmaruvathur for training, at that time, she was travelling from her residence at Cheyyur to Melmaruvathur daily by bus. On some days, the defacto complainant had to attend night duty, at that time, the petitioner offered her to drop in his bike in the Hospital and on one such day, petitioner took her to a lodge near Sothupakkam and informed her that he is madly in love with her and promised he would marry her. Believing the promise, defacto complainant gave herself and they had physical relationship. Further whenever she was alone at the shared accommodation at Ullagaram, the petitioner used to visit regularly and have physical relationship. When the defacto complainant insisted for the marriage, the petitioner informned that he would convince his parents, family members and thereafter, marry her. On 30/1/2023, the petitioner tied Thali inside the room and had physical relationship and defacto complainant became pregnant. On 9/4/2023, the defacto complainant went to her uncle's house at Cheyyur where she saw an engagement invitation of the petitioner with another girl. When the defacto complainant questioned the petitioner, he informed that he was unable to convince his mother and family members. Hence, to stop the marriage defacto complainant lodged a complaint and a case registered, marriage stopped. Later in the Police Station, petitioner gave an undertaking to marry the defacto complainant but in a deceitful manner without informing anyone petitioner married one Arthi on 7/5/2023 at Padavettamman Temple, Tiruttani. The defacto complainant foetus aborted and the DNA report confirmed the petitioner's paternity. On completion of investigation, charge sheet filed listing LW1 to LW17 and documents.

(3.) The contention of the learned counsel for the petitioner is that the petitioner and the defacto complainant, both hail from same village, came to know each other during a marriage function and they became friendly in the year 2018, they developed a love affair. The statement of the victim confirm it was she who called him to Ullagaram, when her room-mates were away and they had physical relationship, petitioner and defacto complainant got glued, both educated, major and victim consciously knowing the consequences had physical relationship with the petitioner without any resistance. Since the family members of the petitioner arranged a marriage with another girl, namely, Arthi, case registered. From the statement of witnesses, nowhere it could be seen that the petitioner made any false promise or caused any deception. The relationship was both physical and physiological at that age. The defacto complainant/victim a Nurse well aware about the consequences of the act had conscious and continued relationship with the petitioner and later turned against the petitioner for not marrying her. In her statement, though she states petitioner forcibly took her to a lodge at Sothupakkam and tied Thali in the room but no details or materials could be given except for sweepy allegation. Nowhere the defacto complainant in her statement states she was forcibly subjected to physical relationship. He further submitted that now the victim has come forward to voluntarily withdraw the complaint against the petitioner and not to proceed against him. Further, she needs the case to be closed at the earliest, so that she can carry with her life as planned by her without any shade of litigation.