The Madras High Court recently overturned a rape conviction under extraordinary circumstances after the complainant had a second child with the accused, months after being referred to mediation concerning their first child.
In an unexpected turn of events, Justice N Seshashayee reflected, “There are no rules in love and war,” underscoring the unconventional outcome where neither prosecution nor conviction could keep the complainant and the accused apart.
In 2014, the man was accused of rape when the complainant gave birth. He appealed against his conviction in 2017, prompting the court to refer the case to mediation, aiming to secure a better future for their first child. However, instead of finding a resolution, the mediation resulted in the birth of a second child.
Justice N Seshashayee noted with a mix of amusement and incredulity, “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.” The state verified this fact, presenting the birth certificate of the second child to the court.
In its observations, the court highlighted the lack of concrete evidence to establish the crime, pointing out the complainant’s consent to a physical relationship with the accused over an extended period without objections until she became pregnant. The court remarked on the prosecutrix’s adulthood and the awareness she ought to have had regarding her choices, criticizing the trial court for overlooking this aspect.
Moreover, the court recognized an abuse of the judicial process, as the complaint may have been founded on a false FIR, stating, “That is a story of the past, and this Court does not intend to revisit the issue.”
Consequently, the court allowed the appeal, leading to the acquittal of the accused.
