No compromise, rape accused to face trial

Chennai: Doubting the veracity of the consent for compromise given by a woman, who was allegedly raped in her house in front of her children by two men after her husband, under the influence of liquor, permitted them to commit the act and thereafter threatened them with dire consequences if they disclose the incident, the Madras high court has rejected the compromise memo entered into between the parties. It  directed the accused to face trial before the Mahila court in Ramanathapuram district.

“The rape, being the most hated crime, tantamount to a serious blow to the supreme honour of a woman and offends both her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks. Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim,” observed Justice S. Vaidyanathan.

Dismissing the petition filed by the three petitioners/ accused, which sought to quash the rape case, pursuant to the compromise entered into between the parties, the judge said the case had already been tried by the Mahila court and therefore, it was impermissible for the parties to get into a compromise at this distant point of time.

Hence, keeping in mind the various rulings of the Supreme Court and observations made there from, this court while rejecting the compromise memo entered into between the parties and also on merits, was not inclined to quash the case, the judge said and directed the Mahila court to conduct the case on a day-to-day basis.

The prosecution case was that when the defacto complainant was in her house along with her children, her husband under the influence of liquor, entered the house along with his friends and permitted them  to rape his wife and threatened her and children with dire consequences.