CRL A/274/2026 of Rajesh Kumar Vs State Rep. by The Inspector of Police on 15 September 2026

JUDGMENT

The appellant/accused in S.C.No.218 of 2018 convicted by the Trial Court by judgment dated 21.09.2023 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default of payment of fine one month simple imprisonment for the offence under Section 417 IPC and to undergo ten years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment for the offence under Section 376 IPC. Aggrieved against the same, the appellant preferred the present appeal.

2. The case of the prosecution is that the appellant had a cousin by name Rajalakshmi, he initially proposed to marry the said Rajalakshmi but she refused the proposal. Thereafter, the appellant approached the defacto complainant. Though she initially refused the proposal stating

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that her parents would not agree to the marriage, the appellant continued to be in contact with her. After some time, when the victim had gone to the motor room, in the sugarcane field for washing clothes, the appellant followed her, gagged her mouth and took her into the sugarcane field, removed her clothes and committed sexual intercourse with her and threatened her not to disclose the incident to her parents and promised that he would soon marry her. The victim developed swelling on her face and her mother took her to hospital, where Doctor examined and found victim eight months pregnant. The same informed to elders and a village panchayat convened. The appellant not agreed to panchayat decision and disputed the paternity of the foetus. Hence, a complaint lodged. During enquiry, the appellant was called and was asked to marry the victim. Subsequently, the victim gave birth to a child. After the birth of the baby, the victim, the baby and appellant taken to hospital for DNA test. The DNA report confirmed appellant, the biological father of the baby, investigation conducted, statement of witness recorded, after collection of medical records, charge sheet filed. During trial, PW1 to PW16 examined and Ex.P1 to Ex.P14 marked on the side of the prosecution. On the side of the defence, no witness examined and no documents

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marked. On conclusion of trial, the Trial Court convicted the appellant as stated above.

3. Aggrieved by the said conviction, the appellant preferred the present appeal and also filed a petition seeking suspension of sentence. During the hearing of petition for suspension of sentence, the appellant agreed and came forward to marry the victim and to formalise their relationship. Hence, this Court passed the following order in Crl.M.P.No.4725 of 2026 on 18.08.2026: “The petitioner/Accused in S.C.No.218 of 2018 was convicted by the Trial Court, by the judgment dated 21.09.2023, for the offence under Sections 376 and 417 of I.P.C. and sentenced to undergo ten years rigorous imprisonment and to pay a fine amount of Rs.10,000/-, in default, to undergo three months simple imprisonment, for the offence under Section 376 of I.P.C. and sentenced to undergo one year rigorous imprisonment and to pay a fine amount of Rs.1,000/-, in default, to undergo one month simple imprisonment, for the offence under Section 417 of I.P.C. The sentences were ordered to be run concurrently. Aggrieved against the said conviction, the petitioner has preferred the above appeal along with the instant miscellaneous petition seeking suspension of sentence and

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bail.

2. This Court, on 03.06.2026, 13.07.2026 and 27.07.2026 had passed the following orders: “Proceedings dated 03.06.2026 This application has been filed for suspending the sentence awarded by the Sessions Court, Fast Track Mahila Court, Villupuram in its judgment dated 21.09.2023 in S.C.No.218 of 2018.

2. By the impugned judgement, the Petitioner has been awarded with rigorous imprisonment of 10 years for the offence under Section 376 and 1 year of rigorous imprisonment for the offence under Section 417 of IPC.

3. There is no dispute that the Petitioner had physical intimacy with the victim P.W.1 and that out of the aforesaid intimacy a child was also born who is currently under the care of the victim. The victim appears to be of aged 20 years approximately on the date of the complaint in (Ex.P1) dated 30.07.2017. The incident is said to have taken place on 24.12.2016 and 26.12.2016. The said child is said to have been born on 18.09.2017. The paternity was also established as the Petitioner has sired the said child on account of the physical intimacy between the Petitioner and the victim (P.W.1).

4. It is informed that the victim is keen on settling in matrimony with the accused for the sake of the Welfare of the girl child born on 18.09.2017.

5. Considering the above, the fact that the welfare of the minor girl child is involved in this case, I am inclined to refer

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the matter for Mediation between the parties.

6. The Respondent is directed to ensure that the victim is available before the High Court Annexed Mediation Centre on 22.06.2026 on which day, the Petitioner shall be produced.

7. List the case on 13.07.2026 along with the Mediation Report. Proceedings dated 13.07.2026 This Court, by order dated 03.06.2026, referred the matter for mediation. The victim in this case has expressed her willingness to reunite with the appellant, who is the biological father of the child. The matter was listed for mediation on 25.06.2026, 07.07.2026 and 10.07.2026. However, the appellant did not participate in the mediation proceedings.

2. The learned counsel for the appellant submitted that the appellant is is confined in Central Prison, Cuddalore and is willing to participate in the mediation and resolve the dispute.

3. In view of the above, as the next mediation session is scheduled on 23.07.2026, at 10.30 a.m., the Superintendent, Central Prison, Cuddalore, is directed to produce the appellant, Rajesh Kumar, before the High Court Annexed Mediation Centre to facilitate his participation. The Mediator has also sought an extension of time. Accordingly, the request is granted.

4. Post the matter on 27.07.2026.

5. In the meantime, it is open to the appellant to file an

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affidavit affirming his willingness to resolve the dispute, accept the defacto complainant as his wife and child born to them. Proceedings dated 27.07.2026 Pursuant to the order passed by this Court on 13.07.2026, the mediation proceedings were held on 23.07.2026. The appellant was produced before the Mediation Centre on the said date and expressed his willingness to marry the victim. However, the de facto complainant, who is the father of the victim, and the victim did not appear before the Mediation Centre. Hence, the mediation could not be concluded.

2. The learned counsel for the appellant submitted that the mediation is now scheduled on 28.07.2026. He prayed for a similar order to facilitate the production of the petitioner/appellant before the Mediation Centre.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that both the victim and the de facto complainant had appeared on the earlier date of the mediation proceedings. However, on 23.07.2026, the victim could not appear due to ill health. It was further submitted that the victim had informed the respondent police that she would appear before the Mediation Centre along with her father on 28.07.2026.

4. At this juncture, the learned counsel for the appellant submitted that the appellant is also ready to file an affidavit on the said date, confirming his willingness to

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marry the victim.

5. In response, the learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the victim is also inclined to accept the proposal, provided the appellant’s willingness is found to be true and agreeable.

6. In view of the above, the Superintendent, Central Prison, Cuddalore, is directed to produce the appellant, Rajesh Kumar, before the Mediation Centre on 28.07.2026, and on future dates as may be fixed by the Mediation Centre, so as to facilitate mediation and an amicable resolution of the dispute.

7. Post this matter before this Court on 18.08.2026.

8. It is made clear that, in the meantime, if the mediation succeeds and the dispute is resolved, the appellant is at liberty to mention the matter before this Court for early listing.”

3. In continuation and conjunction to the earlier orders passed by this Court on 03.06.2026, 13.07.2026 and 27.07.2026, today the learned counsel for the petitioner submitted that the issue between the petitioner and the de facto complainant/victim now resolved after the matter was referred to the Mediation. The petitioner is ready to marry the de facto complainant, who is also agreeable to the same. They have also filed a Settlement Agreement before the Mediation Centre. The Mediation Report along with Settlement Agreement and Affidavit of petitioner

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produced before this Court. A scanned reproduction of the Settlement Agreement and Affidavit read as follows:

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4. The learned counsel for Government of Tamilnadu (Crl. Side) submitted that the case of the prosecution is that the accused / Rajeshkumar had expressed his love towards the victim/defacto complainant and his intention to marry her and she rejected the same on the ground that her parents won't permit her to marry him. While so, on 24.12.2016 at about 10.00 hours, the victim was washing cloths in the pump set of the land of his paternal uncle

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wherein he was a lease holder. At that time, the accused had followed her and pulled her hands and took her to the nearby sugarcane field and gagged her mouth with a shawl and raped her and two days thereafter, while the victim was alone at her paternal uncle house, he had come to the house and forcefully committed sexual intercourse. After the medical examination it revealed that the victim was 8 months pregnant. Based on the complaint, a case was registered in All Women Police Station, Ulundurpet, Kallakurichi District, in Crime No.13 of 2017, under Section 417, 376, 352, 506(ii) IPC against the accused on 30.07.2017 at about 08.00 hours by the Sub Inspector of Police and submitted before the Inspector of Police for investigation. She further submitted that after completion of investigation, the Investigation Officer altered the offence under section 294 (b), 341, 417, 376, 352 & 506 (i) I.P.C. and Section 4 of TNPHW Act and filed charge sheet before the learned Judicial Magistrate No-II, Ulundurpet and the same was taken on file. Later the case was committed before the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Villupuram vide S.C.No.218 of 2018.

5. The learned counsel for Government of Tamilnadu fairly submitted that the respondent police also attended the Mediation and confirmed that during Mediation, the

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issue between the petitioner and the de facto complainant resolved. In view of the above settlement, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the substantive sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the appeal and he is ordered to be enlarged on bail, on condition that the petitioner and the de facto complainant to have a marriage, subject to their mutual consent, get their marriage registered and produce a copy of the marriage certificate before this Court.

7. Further, the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the trial Court.

8. Further, the petitioner shall appear before the Trial Court once in three months on the first working day at 10.30 a.m., until the disposal of the appeal and if he is not able to appear before the Trial Court on that day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Trial Court on any other day in lieu of the date of his absence as directed by the Trial Court.

9. On breach of any of the aforementioned conditions, the learned Trial Judge is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by herself as

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laid down by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 5560].

10. Accordingly, this Criminal Miscellaneous Petition is ordered.

4. Today (15.09.2026), the appellant and the victim are present before this Court. They produced their marriage certificate and a scanned reproduction of the same is as follows:

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5. The victim and the appellant confirmed that they were blessed with a girl child named Devasri, who was born on 18.09.2017 at Government General Hospital, Mundiyambakkam, Villupuram District and they further confirmed that they were living happily as husband and wife along with their child.

6. The learned Additional Public Prosecutor submitted that the respondent police verified the claim made by the appellant and the victim and confirmed that both of them were living together as husband and wife along with their child. It is seen that at the time of the occurrence, both the appellant and the victim were majors and had been in a relationship for quite some time which was subsequently developed and they had physical relationship. It is also stated that the relationship continued thereafter and a child was born out of the relationship. At present, both the appellant and the victim are living together as husband and wife and their marriage now registered.

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7. From the above, it is seen that the appellant and the victim got married on 11.09.2026 at Shri Meentachi Amman Temple, Allikulakarai, Korattur, Ulundurpet, Kallakurichi and the marriage is also registered. Both of them are living as husband and wife with the baby. They appeared before this Court and confirmed their matrimonial life. The victim was found happy, cheerful and she requested that her matrimonial life not to be disturbed by any punitive action against her husband in the interest and welfare of herself and baby. The appellant promised that he would take care of his wife and baby and ensured their well being with all comforts he could afford. Thus the matrimonial life of the appellant and the victim to continue without any disturbance. The continuation of above case would hinder their matrimonial life. Hence, in the interest of justice this Court is inclined to set aside the conviction and sentence imposed by the Trial Court.

8. In the result, this Criminal Appeal stands allowed setting aside the judgment dated 21.09.2023 in S.C.No.218 of 2023 passed by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila

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Court) at Villupuram. The appellant is acquitted from all the charges levelled against him. Fine amount if any paid shall be refunded. Bail bond if any executed shall stand cancelled. 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cse

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To

1. The Inspector of Police All Women Police Station, Ulundurpet, Villupuram District.

2. The Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Villupuram.

3. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J. cse CRL.A.No. 274 of 2026 15-09-2026

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