A rape case that hit the headlines after it was referred to mediation by Justice P. Devadoss of the Madras High Court, who subsequently recalled the decision in view of a Supreme Court directive, has now been remitted to the file of the trial court, as the conviction and sentence passed by it has been set aside in a criminal appeal.
The prime accused in the rape case Mohan, who was convicted and sentenced by a trial court under section 376 (Rape) of IPC, moved an appeal before the Madras High Court challenging his conviction.
Though he alleged that he had a relationship with the victim and the cohabitation was consensual, Mohan’s primary contention was that the victim was major during the relevant period and that the trail court had failed to consider the factual aspect.
Pointing out the transfer certificate produced by the prosecution along with a memo during the pendency the appeal; the petitioner alleged that the prosecution failed to produce any documentary proof during the trail stage.
Claiming that for the purpose of proving the contents of the document produced, relevant person had to be examined by way of giving sufficient opportunity to the accused, the appellant sought the court to set aside the order of the trail court.
Concurring with the contentions of the accused, Justice A. Selvam said, “Under the circumstances, this court is of the view to direct the trial court to take additional evidence. The conviction and sentence passed by the trial court are liable to be set aside, and the matter is liable to be remitted to the file of the trial court.”
The court also directed to refund the fine amount as well as compensation paid by the accused, and to dispose of the case before the end of December 2015.
