In a landmark judgment, the Madras High Court has upheld the conviction of a man found guilty of raping a woman under coercion and directed prison authorities to extract labor from him during his incarceration. The Court further ordered that the wages earned by the convict be equally distributed between the child born to the victim and another child born to his wife. This decision underscores the judiciary's innovative approach to ensuring justice for victims and their families, even in complex and sensitive cases.
The case dates back to 2006 when the convict, identified as Paraman, was working as a foreman in a safety matches manufacturing unit in Virudhunagar district. Paraman, who was already married with a child, sexually assaulted a woman worker at her residence. The victim became pregnant as a result of the assault and sought marriage with Paraman, who refused. Subsequently, the victim lodged a complaint, leading to Paraman's arrest. In 2019, the Mahila Court in Srivilliputhur convicted Paraman under Section 376 of the Indian Penal Code (IPC) and sentenced him to seven years of rigorous imprisonment, along with a fine of ₹60,000.
Paraman appealed the conviction, but the Madras High Court, led by Justice K.K. Ramakrishnan, upheld the trial court's decision. The Court found the victim's testimony to be cogent and trustworthy, noting that she had consistently deposed before the trial court about being subjected to rape under coercion at her house, resulting in the birth of a female child. The Court observed that the victim's evidence was sufficient to establish the guilt of the accused beyond a reasonable doubt.
While affirming the conviction, the Court acknowledged the hardship imposed on two children—one born to the survivor and another to Paraman's wife—as a result of the convict's actions. Recognizing the constitutional duty to secure social justice, the Court exercised its inherent powers to mold the law to serve the needs of the time. The Court directed the prison authorities to extract labor from Paraman during his incarceration and utilize the wages earned for the maintenance of both children. The Court emphasized that mere conviction and sentence of imprisonment were insufficient to serve justice in the eyes of the children, who had to grow up without the support of their father.
To ensure accountability, the Court mandated that the jail authorities submit periodical reports every six months detailing the disbursement of the amount to the children. The survivor was granted the liberty to approach the Court if there was any failure on the part of the appellant to pay the amount. The Court's directive reflects a compassionate and pragmatic approach to justice, aiming to provide financial support to the children affected by the convict's actions.
This ruling is significant as it highlights the judiciary's role in addressing the welfare of victims and their families, particularly in cases involving sexual offenses. By directing the convict to contribute financially to the maintenance of both children, the Court has taken a step towards ensuring that the innocent parties—especially the children—are not deprived of their rights due to the actions of a parent. The decision also sets a precedent for future cases where similar circumstances arise, demonstrating the Court's willingness to innovate and adapt legal principles to achieve just outcomes.
The Madras High Court's decision has been lauded by legal experts and social activists for its progressive approach to justice. It underscores the importance of considering the broader impact of criminal actions on families and communities and taking steps to mitigate the consequences for those who are innocent. The ruling serves as a reminder that justice should not only focus on punishing the offender but also on providing support and restitution to the victims and their families.
In conclusion, the Madras High Court's order to direct a rape convict to work in jail and allocate his wages to support the children born to both the victim and his wife exemplifies a holistic approach to justice. It reflects the Court's commitment to ensuring that the rights and welfare of victims and their families are upheld, even in the face of complex and challenging circumstances. This decision sets a commendable example for the judiciary's role in promoting social justice and protecting the interests of vulnerable individuals in society.
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