1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2015

CORAM:

THE HONOURABLE MR. JUSTICE P.DEVADASS

M.P.No.2 of 2014
in
Crl.A.No.402 of 2014

V.Mohan

..

Appellant/A-1

..

Respondent

vs.
State Represented by:
The Inspector of Police,
All Women Police Station,
Vridhachalam,
Cuddalore District.
(in Crime No.21 of 2008)

Petition filed under Section 389 Cr.P.C., to suspend the

sentence imposed in the Sessions Case in S.C.No.373 of 2009 on the
file of the Additional Sessions Judge, Mahila Court, Cuddalore dated
22.7.2002 and to enlarge the petitioner on bail pending disposal of
Criminal Appeal No.402 of 2014.
For Appellant

: Mr.C.Arunkumar

For Respondent

: Mr.P.Govindarajan,
Additional Public Prosecutor.

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ORDER
In this petition filed under Section 389 Cr.P.C., A-1 seeks
suspension of his sentence of imprisonment imposed upon him in the
Sessions Case in S.C.No.373 of 2009 on the file of the learned
Additional Sessions Judge, Mahila Court, Cuddalore.

2. A-1 was prosecuted along with A-2 and A-3. A-2 and A3 were acquitted from the charges under Section 417 read with
Section 109 IPC. However, A-1 was convicted under Section 376 IPC
and sentenced to 7 years R.I. and fined Rs.5,000/ in default 1 year
R.I. and under Section 357(3) Cr.P.C., he was directed to pay a
compensation of Rs.2 lakhs to PW-1. He was acquitted from the charge
under Section 417 I.P.C.

3. On 22.12.2014, A-1 was directed to deposit Rs.1 lakh

before the Trial Court. Subsequently, time was extended by this Court.
Now as directed A-1 has deposited Rs.1 lakh in the Trial Court.

4. A-1 is alleged to have raped PW-1, who was stated to

be then a minor. As per the prosecution version, she was stated to
have born on 23.6.1993. But, this was contradicted by A-1.

5. It is pertinent to note that PW-1 gave birth to a female

child on 14.7.2009. PW-5, who conducted DNA test confirmed that the
said child was born to PW-1 through A-1.

6. Before the Trial Court, A-1 took the stand that he had
physical contact with PW-1, but it was consensual.

7. PW-1 has no parents. PW-2 is her adoptive mother.

Now, PW-1 has become mother of a child. But as on date, she is
nobody's wife. So, she is an unwed mother.

8. Now there is a big question mark looming large before

PW-1 as well as her child, who is completely innocent. Generally, in
this type of cases, the prosecutrix/PW-1 is stated to be a victim, but
really speaking the child born out of such a physical contact is also a
victim. The child is a victim of circumstances. She had born to suffer a
social stigma for no fault of her. It is a great tragedy.

9. In her 'Women & Law From Impoverishment to

Empowerment (Eastern Book Company, Lucknow) (1st Edition-2011),

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at page No.237, Dr.Lalita Dhar Parihar remarked:India is a pluralist country. The reverence for
women is interwoven in its cultural raiment of
which

Hinduism

and

Islam

are

the

main

strands. It is the catchword of Hindu familial

jurisprudence and so of its mythology that
where women are revered gods live. So does
Islam

venerate

motherhood

in

uneloquent

language, and ordains underneath mother's

feet

is

the

paradise

besides

the

Quran

venerates femininity in different contexts. The

religions other Hinduism and Islam venerate
womanhood in different style and in their own
ways. As such in a value oriented society like
India no enactment is required to regulate
bane behaviours, yet human fallibility, which
overtakes sanity cannnot be ignored.

10. Women are the soft targets of male lust. For anything
and everything, they are being blamed. Very often, they are being
forgotten that they too are humanbeings. They are considered as
chattels, although in our country, they are hailed as 'Sakthi', 'Mother',
'Sister', 'Nurse', 'Life Partner', 'Face Saver', 'All in One'.

And behind

every man's success, they are there. They do deserve dignity than
indignation.

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11. Right to live with human (woman) dignity enshrined in
Article 21, Constitution of India give them right to live with dignity and
proper status. [see Bandhua Mukti Morcha vs. Union of India (1984 (3)
SCC 161) and Vikram Deo Singh Tomar vs. State of Bihar (AIR 1988
SC 1782)]. Yet the position of the women and children in this country
is highly deplorable. They don't want (man's) charity but opportunity
and

parity.

Proper

empowerment

to

them

will

be

their

real

emancipation.

12. As an alternative to the time consuming, cumbersome,

expensive

conventional

court

system,

new

dispute

resolving

mechanism has been adopted by Indian Legal System. It is Alternative

Dispute Resolution method (A.D.R.).

13. A.D.R. had gained momentum in U.S.A., and also in

certain Western countries. It was statutorily recognised in our country
in Section 89 of the Civil Procedure Code. It has different modes. Such
as 'Mediation', 'Conciliation', 'Settlement', 'Lok Adalat', 'Arbitration'. It
had got strong patronoage under the Legal Services Authorities Act,
1987. And now Legal Services Authorities from Taluk level upto
Supreme Court make use of this ADR System to solve the problems of

6
the litigant public to the liking of both sides.

14. In fact, even in Islam, Hinduism and Christianity, there

are instances of solving the disputes in a non-belligerent manner. The
result of it is very good because there is 'no victor, no vanquished'.
Thus, 'Trinity' propagates humanity.

15. The ADR mechanism is now being used in criminal

cases also. In fact, it is good to the litigants as well as to the State and
to the Court.

16.

Section

320

(1)

and

(2)

Cr.P.C.,

dealing

with

compounding of offences also have been used to resolve the conflicts,

in a peaceful manner. The inherent jurisdiction of High Courts under
Section 482 Cr.P.C. also has been invoked to promote compromises.
[see Gian Sigh vs. State of Punjab (2012 (10) SCC 303)], State of
Madhya Pradesh vs. Deepak and Others [2014 (10) SCC 285].

17. Criminal cases, including fit and appropriate cases

registered under Section 376 IPC can also be solved under Alternative
Dispute Resolution System.

18. In Ravindra vs. State of Madhya Pradesh {CDJ 2015

SC 163} when the accused who was convicted under Section 376 IPC
has married the victim and there was compromise between them, the
Hon'ble Supreme Court referring to the proviso to Section 376 IPC
considered the said aspects a special reason to reduce the sentence to
the period undergone. [Also see Wasim vs. State {CDJ 2014 DHC
2901}]. Thus, human sentiments and human elements also has been
noticed by the Court.

19. It is march of law. There is no bar

to

attempt

at

reconciliation even in a criminal appeal where the accused has been

convicted under Section 376 IPC.

20. Earlier, in Crl.O.P.No.1881 of 2015 (Samuvel vs. The

Inspector

of

Police, All Women Police

Station, Gummidipoondi,

Thiruvallur District) wherein the accused has been proceeded with

under Section 376 IPC and Section 4 of POCSO Act, the accused
sought for bail on 3.2.2015, while granting him bail, I have directed
both sides to go for Mediation and in the said order, in paragraph
Nos.3 to 5, I have observed as under:-

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3. Petitioner is 20, while the prosecutrix
is 17 years old. Prosecution version is that the
petitioner

had

duped

and

raped

the

prosecutrix. Now the prosecutrix has become

mother of a child, but noboyd's wife.
4. It is a pathetic case of a young
woman. Petitioner is an eligible bachelor. Now
he is in jail for more than 50 days.
5. Some solution has to be arrived at
because there is a big question mark before
the girl. Her future is very important.

21. Subsequently, in the said matter, as directed by this

Court, the District Legal Services Authority, Thiruvallur and the Tamil
Nadu State Legal Services Authority, Chennai pursued follow up action.
It was reported to this Court that Mr.I.A.Immanuel, Advocate,
Thiruvallur has mediated the matter and ultimately, the accused had
agreed to marry the victim girl. Now the said case is proceeding
towards an happy conclusion.

22. In the facts and circumstances, the case before us is a

fit case for attempting compromise between the parties. 'Mediation'
mode is best suited to them.

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23. In these circumstances, keeping the appellant inside
the jail and asking him to participate in the Mediation talk will not
result in any fruitful result. He should be enabled to participate in the
deliberations as a freeman and vent his feelings, open his mind and
moorings. 'Where there is a will, there is a way'.

24. In the circumstances, ordered as under:(i) Refer this matter to the Mediation Center attached to
this Court;
(ii) The learned Additional Sessions Judge, Mahila Court,
Cuddalore will deposit the deposited Rs.1 lakh in Indian Bank,
Thittakudi, Cuddalore District

in a Fixed Deposit in the name of

PW-1;
(iii) The Branch Manager, Indian Bank, Thittakudi shall
regularly disburse the accrued monthly interest on the said deposit to
PW-1;
(iv) Till the Mediation process is over, petitioner/A-1 is
granted interim appeal bail;
(v) There shall be two sureties, who shall be the parents of
the petitioner and they and the petitioner shall execute a bond for
Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of

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the said Judge;
(vi) The Mediation Center will fix a date and send notices
to PW-1 and A-1, close relatives of PW-1 and parents of A-1 shall be
made to participate in the Mediation process;
(vii) The Mediation Center will permit the learned counsels
appearing on both sides to assist the Mediators;
(viii) A-1 shall appear before the Mediation Center as and
when so ordered;
(ix) Compromise, if any, arrived at shall be reduced into a
form of a Memorandum of Understanding (M.O.U.) and it shall be
submitted to this Court.
(x) Violation of spirit of this order and terms and conditions
stated above will entitle PW-1 or the respondent-Police to move this
Court for cancellation of the interim appeal bail granted to the
petitioner.
(xi) Along with the Mediation Report, this miscellaneous
petition shall be reposted before this Court.

18-06-2015
Index : Yes/No.
Internet: Yes/No.
Svn

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Copy to:
1.The Principal Sessions Judge, Cuddalore.
2.The Additional Sessions Judge, Mahila Court, Cuddalore.
3.The Member Secretary, Tamil Nadu State Legal Services Authority,
Chennai.
4.The Director, Tamil Nadu State Judicial Academy, Greenways Road,
Chennai-28.
5.The Secretary, High Court Legal Services Committee, Chennai.
6.The Officer In-charge, Mediation Centre, High Court, Madras.
7.The Public Prosecutor, High Court, Madras.
8.The Superintendent, Central Prison, Cuddalore.
9.The Inspector of Police, All Women Police Station, Vridhachalam,
Cuddalore District.
10.The Section Officer, Criminal Section, High Court, Madras.
11.The Manager, Indian Bank, Thittakudi, Cuddalore District.

P.DEVADASS, J.

Svn

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M.P.No.2 of 2014
in Crl.A.No.402 of 14

18-06-2015