CHENNAI: The Tiruvallur police are seeking the acquittal of a 19-year-old girl who “killed a man in self-defence” when he attempted to rape her on January 2. Senior police officers told Express the decision to alter the FIR from IPC Section 302 (murder) to Section 100 (private defence) was taken based on strong circumstantial evidence in favour of the girl and in reference to precedents and judgements.
The girl, who had a misunderstanding with her parents, was living in her maternal aunt’s house in Allimedu village in Sholavaram. On January 2 night, she had gone to relieve herself when the aunt’s son, 24-year-old Shyam Manoj (name changed), who was married and living separately from his family, wielded a knife and attempted to rape her. The girl snatched the knife, stabbed the man, and surrendered at the Sholavaram police station the same night.
A higher police official said after extensive deliberations, a decision was taken to alter the case. A primary question the police had to answer was whether the girl had any other option to avoid committing the act.
“We learned the scene of the crime was a secluded place in the village used by women to relieve themselves. No one would have heard her cries even if she raised an alarm. Besides, it would have been impossible for her to run in that darkness,” the officer said.
The purpose of the man’s presence at the spot and his antecedents were cross-checked, the police said, adding that various people said the man, who was jobless, used to carry a knife with him all the time.
The girl’s vivid statements matched the circumstances, the officer said, adding that there was no other motive for the girl to commit the act. “Had she escaped, only the stench of the body would have brought the issue to the surface,” he said.
Referring to an instance in 2012, in which former SP Asra Garg had given effect to the private-defence clause seeking acquittal of a woman who killed her husband who attempted to rape their daughter, Tiruvallur SP Aravindhan said he knew the clause could be applicable here too.
A senior officer told Express, giving effect to Section 100 in such cases needs a golden balance and an in-depth analysis of circumstances. Deputy Director of Prosecution T Panneerselvam said the right of private defence extends to causing death when an assault with the intention of rape is made. While the girl has been sent to a government home, sources said a final report would be produced before a court.
Precedents
TNCSC official held in minor girl’s rape case
Chennai: A senior official in the Tamil Nadu Civil Supplies Corporation has been arrested under the POCSO Act for raping a 13-year-old girl when the victim was in the custody of flesh trade brokers. The police have already arrested a police inspector, TV reporter, a BJP functionary and 20 others in the case. The accused, SBR Kannan, was the Chief Construction Engineer working in the department head office in Kilpauk, and was responsible for the construction of the buildings for the corporation. Kannan was arrested at his office in Kilpauk and remanded to judicial custody.
Taxi driver, friend held for rape of minor
Coimbatore: A driver and a friend were arrested on Thursday for allegedly abducting a minor girl and raping her. According to police, the class XI girl was friends with G Ezhumalai (29) of Cuddalore. In the last week of December, the two decided to meet in Tiruchy and the girl sought the help of V Shanmugam (39) a taxi driver from Saravanampatti. He took her to Ooty where he allegedly sexually assaulted her for three days and dropped her in Tiruchy. She was again assaulted by Ezhumalai. The girl managed to contact her parents and was rescued. After the call, the police arrested the duo on Thursday.