Madras HC Upholds Life Sentence For Man Convicted Of Repeatedly Raping Scheduled Caste Minor

Last Updated:October 16, 2025, 22:35 IST

The court pointed out that consent from a child for having a sexual relationship does not arise at all

The court categorised the case as a 'classic case that reflects the unfortunate position in which vulnerable sections of the society, in particular, children belonging to the Scheduled Caste and Scheduled Tribes (SC & ST), are placed'. File pic

The Madras High Court on October 10 confirmed the life sentence awarded to Murugesan (alias Murugesh) for the repeated sexual assault and kidnapping of a minor girl belonging to the Scheduled Caste (SC) community.

The division bench of Justice MS Ramesh and Justice V Lakshminarayanan dismissed the appeal filed by Murugesan, upholding the maximum penalty imposed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The court categorised the case as a “classic case that reflects the unfortunate position in which vulnerable sections of the society, in particular, children belonging to the Scheduled Caste and Scheduled Tribes (SC & ST), are placed".

The incident dates back to October 2015, when the victim, identified as “K" (PW1), a minor aged about 16 years, stayed at the house of her classmate “V" during the Dussehra holidays in Krishnagiri. Murugesan, the father of the classmate, repeatedly subjected the victim to sexual assault while she was asleep or against her will. The victim later became pregnant. Upon discovering the pregnancy in April 2016, the accused kidnapped the minor and confined her in Coimbatore to evade justice.

The victim lodged a complaint on June 3, 2016, leading to a trial before the Sessions Judge, Fast Track Mahila Court, Krishnagiri. The trial court convicted Murugesan under Section 366 of the Indian Penal Code (IPC), Section 5(1) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 3(2)(v) of the SC/ST Act, 1989.

Before the High Court, the appellant challenged the victim’s age, claiming she was 18, and questioned the authenticity of the complaint. However, the prosecution successfully produced the age certificate from the headmaster of the school, definitively proving the victim was a minor, aged 16, at the time of the offence. Furthermore, the birth of a child to the victim was held to satisfy the requirements of the POCSO Act.

Further, on the issue of consensual relationships, the court pointed out that consent from a child for having a sexual relationship does not arise at all, so even if the relationship was consensual, it was a crime.

Moreover, the bench concluded that the accused’s actions clearly attracted the provisions of the POCSO Act and the SC/ST Act, given that he was aware of the victim’s caste.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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