No rules in love and war: Madras High Court acquits rape accused after victim and accused have second child

The Madras High Court recently acquitted a rape convict after the complainant ended up having a second child with him months after they were sent to mediation for a solution regarding the upbringing of the first child.."There are no rules in love and war and .... and this case perhaps stands as a testimony to this statement," Justice N Seshashayee noted with amusement as he recorded the unique facts of the case.The result of the mediation in the case was that the two parties ended up having a second child, the single-judge noted."When the appeal was preferred, this Court tried to find what best could be done to the child born to the prosecutrix through the appellant, for which purpose it referred the matter to mediation. The result of the mediation was not a solution for the child that was already born, but on the contrary ended up with them having a second child," it said.The man, who was accused of rape in 2014 after the complainant gave birth to a child, had approached the Court in 2017 against his conviction.During the pendency of his appeal, the Court had expressed its concern about the future of the first child and accordingly, referred the matter to mediation..Since the Court found it amusing that the convict and the complainant had ended up having a second child when sent to mediation, the State was asked to confirm the same.Accordingly, the State confirmed the fact and also brought on record the birth certificate of the second child. “Neither prosecution nor conviction separated the prosecutrix and the appellant. At the end of the day, parties are adults and the Constitution of the country does not make a moralistic statement, wherein (it) grants citizens their life to live and if the prosecutrix and the appellant choose their way to live on their free will, there is no precious thing the legal system can do except recording its finding that in this instant case, prosecution has not been able to establish that there indeed was a crime," the Court observed..However, the Court also observed that there was an abuse of the judicial process in the case as the complainant may have initiated the criminal proceedings with a false FIR. "But then, that is a story of the past and this Court does not intend to revisit the issue," it added. .On merits, it also noted that though the complainant had disclosed that she had been in a physical relationship with the accused multiple times over an extended period, she had not raised any objection. "Indeed, she did not level any accusation against the appellant till she begot child. Significantly, the prosecutrix was an adult and she knew or at least ought to know what she was engaging in. The trial Court, however, overlooked this part of the cross examination of PW1," the Court opined..As a result, the Court allowed the appeal and acquitted the man of all the charges. "When the appeal was preferred, this Court tried to find what best could be done to the child born to the prosecutrix through the appellant, for which purpose it referred the matter to mediation. The result of the mediation was not a solution for the child that was already born, but on the contrary ended up with them having a second child," it said.Advocate R Ragavendran appeared for the petitioner.Government Advocate Dr CE Pratap appeared for the respondent..[Read Order]