CHENNAI: The Madras High Court suspended the sentence imposed on a youngster for marrying and having physical relationship with a minor girl, who was later found to be the brother of the girl.
Justice M Nirmal Kumar wrote that the petitioner/accused has been made a scapegoat in this case and suspended the sentence imposed by the special court for the exclusive trial of cases under the Pocso Act, Dharmapuri. Further, the judge also granted bail to the petitioner and directed him to execute a bond for Rs10,000.
Petitioner Udhayakumar moved the HC seeking to suspend the sentence by the Pocso court, Dharmapuri.
The petitioner contended that he and the daughter of the complainant developed a romantic relationship, when the girl was staying in her grandmother’s home at Neruppur, Krishnagiri.
It was also contended that the girl showed interest towards the petitioner and compelled him to fall in love with her. The petitioner submitted that the girl informed him she was a major and was ready to marry him.
She forced him to wed as parents were planning her marriage with some other personIn 2016, with the acquaintance of two friends, the petitioner eloped with the girl and married her.
Subsequently, the father of the girl lodged a complaint in Eriyur police station, Dharmapuri. Further, the complainant also stated that the petitioner and the victim are siblings, hence, they cannot be a couple.
Later, the police secured the petitioner and the girl based on the complaint and altered the case into Section 366 (A), 376, 506 (1) and 109 IPC and Section 5 (1), 6 of the Pocso Act and Section 9, 10 of Prohibition of Child Marriage Act.
After the perusal of the final report, in November 2023, the Pocso court, Dharmapuri convicted the petitioner and imposed 10 years of rigorous imprisonment.
Aggrieved, the petitioner moved the HC seeking suspension of conviction and submitted that he was not aware of the prohibitory relationship with the girl until the complainant revealed it.
After the perusal of the materials including the love letter written by the girl to the petitioner, the judge suspended the sentence.