against the Accused, the conviction and sentence imposed on the Accused by the learned Sessions Judge, Fast Track Mahila Court, Thoothukudi, by the Judgment dated 18.09.2015 is perverse as the learned Sessions Judge had ignored the defence of the Accused that is available in the cross-examination of the prosecution witnesses. Particularly, the victim who was examined as P.W-2, had admitted that she was teased by her father and sister, therefore, she had been staying at Esakkiyammal's home and through the evidence of P.W4-Chitrakala-elder sister of P.W-2-victim. It is the defence of the Accused that the victim and the Accused were working in the Salt Pan in Thuthukudi and they were friends and acquaintance. In the course of friendship, the victim developed love affair with the Accused which was objected to by P.W-4-Elder Sister of victim with whom P.W2 had been staying for past several years. Since P.W-4 objected to the relationship and friendship between the victim and the Accused, the victim left the house of P.W-4 and stayed in the house of one Esakkiyammal who was also employed in the Salt Pan. This was also objected to by P.W-4 elder sister of the victim. Therefore, P.W-4 complained to P.W-3, who is the father of P.W-2 and P.W-4. He had come over the residence of Esakkiyammal and objected to the staying of victim in the residence of Esakkiyammal. He had instructed the victim and took her away with him to their residence at Elavelangal. P.W-1 and P.W-3 – the parents of the victim were making arrangements for the marriage of P.W-2-victim within their community, Pallar community which was objected to by the victim. Therefore, she had summoned the Accused to come to their house so that she can go with him. The Accused refused the same. The victim persuaded him. The victim has threatened the Accused as well as her parents that she will commit suicide, if she is forced to marry a person against her wish. In those circumstances, on the persuasion of the victim, the Accused had gone to the village of the victim and P.W-1 to P.W-3 in the night, after 11 O' clock, when the parents of the victim retired to bed, the victim left the house under the pretext of going out to attend the nature's call. She had summoned the Accused to come to her village. When the Accused reached the village, the victim eloped with him. The victim and the Accused had come to his parents house. The house of the Accused which was a one room house and there was no bed room and his own parents and his siblings have to share the place where they lived together for three days. Based on the complaint given by P.W-1-Raja under Ex.P-1 to P.W-12-the Sub Inspector of Police, Kadambur Police Station, P.W-12 had registered the case under Ex.P-9-FIR for the offence under “girl missing” section. In the complaint itself, P.W-1 had informed all the suspicion based on the information given by P.W-4. The suspicion centered around Esakkiyammal. Based on the message given by P.W-14-Inspector of Police, Esakkiyammal had contacted the Accused whereupon the Accused and the victim surrendered before the Police Station. Thereafter, the case was cooked up based on the influence of P.W-1 to P.W-3. It is pertinent to note that the victim had stayed with Esakkiyammal which was objected by P.W-4. https://hcservices.ecourts.gov.in/hcservices/ P.W-4 had complained to their father. This Esakkiyammal is an
