In a significant ruling, the Madras high court has held that a rape case cannot be quashed even if the victim “resiles” from her allegations as the offence was not against any individual but against the state.
In another case, the Madurai bench ruled that a rape case could not be quashed just because the results of the DNA test proved that the accused was not the biological father of the baby conceived and delivered by the victim after the sexual assault.
Justice T. Sudanthiram gave the orders on petitions by the accused in two different rape cases.
In his first order dismissing a petition by five accused, he refused to quash an FIR filed by Tirchirappalli police and rejected their plea that they had settled the issue amicably. The judge expressed shock over a written statement by the victim and her maternal aunt, who filed the complaint, that no such incident as charged by the prosecution ever took place.
Allowing prosecution to proceed against the complainant and the victim for going back on their charge, the judge made it clear it was not open to their working out a compromise.
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Another girl set afire for resisting rape
age correspondent
Lucknow, Jan. 10
In yet another incident, a 14-year-old girl was set on fire on Wednesday night for resisting a rape attempt in Farukkhabad district.
The girl is battling for her life in a local hospital.
According to the police, the accused, Atendra, barged into the house of the victim when she was alone on Wednesday night and attempt to outrage her modesty. The girl retaliated by slapping him a number of times and angered over this, the accused doused the girl with kerosene and set her ablaze.
The neighbours of the victim rushed in after hearing her screams and immediately took her to the Lohia hospital. The girl suffered 80 per cent burn injuries and was later referred to the Sefai Mini PGI.
A case has been registered on the complaint of the father of the girl and efforts are on to arrest the youth who is now absconding.
SP, Nilabdh Chaudhary, said that the uncle of the accused has been taken into custody for questioning.
The victim’s condition continues to be critical.