Suji @ Kasi v. The Inspector of Police

Madras HC14 Jul 2026CRL A(MD)/644/2023

Case brief

AI extract

What is this about?

Accused initiated contact with victim through social media, falsely promised marriage and employment, deceived her into a sexual relationship, clandestinely recorded intimate acts, and used recordings to blackmail her into repeated sexual exploitation. Victim resisted consistently but was overpowered by fear and coercion. Trial court convicted and sentenced him to life imprisonment. High Court aff

What did the court decide?

Life imprisonment until natural death

What the court decided

Suji @ Kasi Vs The Inspector of Police — Pension and Retirement Benefits | Madras HC (2026)

¶17

Sentence of Law	Sentence of Imprisonment		Fine
Section 90 r/w Section 376(2)(n) IPC	Life Imprisonment until Natural Death	Rs.1,00,000/-; undergo 1 Imprisonment	in default, to year Rigorous
Section 354(C) IPC	3 years Rigorous Imprisonment	Rs.10,000/-; undergo 6 Imprisonment	in default, to months Simple
Section 506(II) IPC	3 years Rigorous Imprisonment	..	.....

¶23

*Sl.* No	*Headings*	*Paragraph* *Nos*
1	Facts of the case	3-3.6
2	Submission of the learned Senior counsel appearing for the appellant	4-4.15
3	Submission of the learned Additional Public Prosecutor	5-5.17
	Points for determination	7-7.2
4	Discussion on sentimental submission of the learned Additional Public Prosecutor	8-8.2
5	Discussion on the sterling quality of the victim's evidence	9-9.40
6	Discussion on the electronic evidence	10-10.2
7	Discussion on thegenuineness of Ex.P12	11-11.3
9	Discussion on the delayinproduction of FSL Report	12-12.10
10	Discussion on the plea of admissibility and evidentiary value of electronic evidence	13-13.14
11	Discussion on theplea of morphing	14-14.11
12	Discussion on the delayin lodgingFIR	15-15.3
13	Discussion on the contention regarding omission in the FIR	16-16.11
14	Discussion on the coercion on the part of the InvestigatingOfficer	17-17.7
15	Discussion on the consensual Sex	18-18.20
16	Discussion on the plea of the accused's genuine intention to marry	19-19.7
17	Discussion on the failure to explain the circumstances and furnishing the false answer during the course of questioningunder Section 313 of Cr.P.C. of the accused	20-20.8
18	Conclusive findingon conviction	21-21.2

19	Discussion on sentence	22-22.2
20	Emotional appeal and earnest request	25-25.6
21	Conclusion	26

¶616

*Aspect*	*Consensual Romantic Relationship* *(No Criminal Offence)*	*Relationship Induced by Deception / False* *Promise of Marriage (IPC/BNS)*
*Nature* of *relationship*	The relationship is founded on mutual affection, trust, equality, and voluntary participation. Both parties freely choose to continue the relationship and may genuinely intend to marry.	The relationship is induced through deception, manipulation, or a false promise of marriage (or other deceitful means) solely to obtain the woman's consent to sexual intercourse.
*Intention at the* *Inception*	Both parties honestly intend, at the commencement of the relationship, to pursue a genuine relationship or marry, subject to future circumstances.	The accused never intended from the very beginning to fulfil the promise of marriage. The promise was merely a tool to secure consent for sexual intercourse.
*Validity of consent*	Consent is free, voluntary, informed, and based upon mutual affection , independent choice and mutual autonomy . It is not affected by any misconception of fact and therefore constitutes valid consent in law. Voluntariness of consent is established when the woman exercises her independent choice based upon true facts and her own free will.	Consent is obtained under a misconception of fact because it is induced by deception or a false promise never intended to be fulfilled and such consent given under a misconception of fact is no consent at all . Such consent may be legally vitiated depending upon the statutory provision and factual circumstances. The woman does not exercise her independent choice based upon true facts and her own free will, which is procured through deception and therefore lacks genuine legal autonomy. It is not voluntariness of consent.
*Promise of* *marriage*	A genuine promise made in good faith which may subsequently remain unfulfilled due to unforeseen circumstances such as Inevitable family opposition etc	A hoax from the outset; a false promise made with the deliberate intention of never marrying the person.
*Other Deceitful* *Means (Section 69* *BNS)*	No deception exists regarding employment, promotion, identity, marital status, or any other material fact.	Deceit may include a false promise of employment or promotion, suppression of identity before marriage, false representation, or any other deceitful means recognised under Section 69 BNS.
*Mental Element* *(Mens Rea)*	No dishonest or fraudulent intention exists. A subsequent refusal or inability to marry does not by itself establish criminal intent.	Dishonest and fraudulent intention exists from the inception of the relationship. The deception is deliberate and forms the foundation of the woman's consent.
*Dynamics of the* *Union*	Built on mutual trust, emotional reciprocity, and equal autonomy.	Explicitly manipulated to exploit the victim's trust and vulnerability.

¶643

*Black dictionary*	*affirmative* *consent*.	Consent that Is freely, willingly, and clearly demonstrated in words and acts during a sexual encounter, usu. just before intercourse.
Wharton’s law lexicon	Consent	Consent, an act of reason accompanied with deliberations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind.
State of H.P. v. Mango Ram, (2000) 7 SCC 224.	Consent	Consent for the purpose of Section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between the resistance and assent. Submission of the body by a woman under the fear of terror cannot be construed as a consented sexual Act.
Tulshidas Kanalkar V. State of Goa, (2003) 8 SCC 590	Consent	Every consent involves a submission but the converse does not follow, and mere act of submission does not involve consent. For constituting consent, there must be exercise of intelligence based on the knowledge of the significance and the moral effect of the act.
Deelip Singh v. State of Bihar, (2005) 1 SCC 88.	Consent	The concept and dimensions of 'consent in the context of section 375 IPC has been viewed from different angles. The decided cases on the issue reveal different approaches which may not necessarily be dichotomous. Of course, the ultimate conclusion depends upon the facts of each case,
Satpal Singh v. State of Haryana, (2010) 8 SCC 714	Consent	The concept of 'consent in the context of section 375 of the code has to be understood differently, keeping in mind the provision of section 90 of the code, according to which a consent given under fear/coercion or misconceptions/mistake of fact is not a consent at all.Consent is different from submission.
Kaini Rajan v. State of Kerala, (2013) 9 SCC 113	Consent	“Consent”, for the purpose of Section 375, requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance of the moral quality of the act but after having fully exercised the choice between resistance and assent. Whether there was consent or not, is to be ascertained only on a careful study of all relevant circumstances.
Dhruvaram Sonar Dhruvaram Murlidhar Sonar v. State of Maharashtra, (2019) 18 SCC 191	Consent	Consent” is also stated to be an act of reason coupled with deliberation. It denotes an active will in mind of a person to permit the doing of the act complained of.

¶658

	*Para 7*	*Para 7*
“there is	a difference between	Consent is an act of reason
consent an every co	d submission [and] nsent involves a	accompanied by deliberation, a mere act of helpless resignation
submission	but the converse does	in the face of inevitable
not follow	and a mere act of	compulsion, non-resistance and
submission consent”	does not involve	passive giving in cannot be deemed to be consent.

¶846

From the very dawn of human म�नव सभ�त� क� प�र�भ�क क�ल स� ह� �ह म�न� civilisation, it has been recognised that ग�� ह� भक म��द� और भनजत� म�नव गररम� क� modesty and privacy are integral to अभ�नन अ�ग ह�। आदम और हवव� क! ब�इभबल�� human dignity. The Biblical account of कथ� इस सत� क& पत�क�तमक रप स� दर��त� ह�: Adam and Eve symbolically reflects this अपन� नगनत� क� ब&ध ह&न� क� ब�द उनह-न� सव�� truth: after becoming conscious of their क& पत- स� ढक भल��, ज& व�भ1गत भनजत� और nakedness, they covered themselves with म��द� क! रक� करन� क! मन3ष� क! सव��भवक leaves, signifying the innate human पव5भत क& दर��त� ह�। ज�स�-ज�स� सभ�त� भवकभसत ह6ई, instinct to preserve personal privacy and वस क�वल एक र�र�ररक आवश�कत� ह� नह; रह�, modesty. As civilisation evolved, clothing बभ<क म�नव गररम� और स�म�भजक व�वसथ� क� came to represent not merely a physical एक महतवप=र� पत�क बन गए। necessity but an essential attribute of human dignity and social order. द3��ग�वर, वत�म�न भ?भजटल �3ग मA क3 छ Regrettably, in the present digital era, अस�म�भजक और ब�ईम�न व�भ1 �3व� लडभक�- और some unscrupulous individuals exploit मभहल�ओ� क� भवश�स तथ� ��वन�तमक the trust and emotional vulnerability of स�व�दनर�लत� क� द3रप�&ग करत� ह�। छल, झ=ठ� young girls and women. By deceit, false व�द- �� वन�तमक ह�रफ�र क� म�ध�म स� व� promises, or emotional manipulation, प�भडत�ओ� क& अपन� भनज� तसव�रA �� व�भ?�& स�झ� they induce victims to share their करन� क� भलए प�ररत करत� ह�। ऐस� स�मग� प�प intimate photographs or videos. Having करन� क� ब�द �� ल&ग उनक� भवश�स क& त&डत� ह6ए obtained such material, these offenders स&रल म�भ?�� अन� भ?भजटल म�च- पर उन betray the confidence reposed in them तसव�र- �� व�भ?�& क& स�व�जभनक करन� क! धमक! and resort to blackmail by threatening to द�कर बल�कम�ल करत� ह�, भजसस� प�भडत�ओ� क& publish the intimate images on social भनर�तर र&षर, अपम�न और म�नभसक प�ड� क� media or other digital platforms, thereby स�मन� करन� पडत� ह�। subjecting the victims to continued exploitation, humiliation, and ऐस� पररभसथभत�- मA �ह न��ल� स�� 3व� psychological trauma. लडभक�- और मभहल�ओ� स� भवनम भक�त3 ग � �र अप�ल

¶883

*Constant alarm*	*mode*,	*Cognitive fatigue*,	*Emotional numbing*,
where the emotional system b	brain’s alarm ecomes	The front part of the brain which is the area judges use to make calm, rational legal	To protect itself, the brain may eventually numb its own empathy. This is a tragic
hypervigilant,	leaving	decisions, has to use an immense	defense mechanism, because a
the person	with	amount of energy just to suppress	judge without empathy loses the
prolonged anxi	ety and	the natural disgust and distress	very quality needed to deliver
loss of personal	calm.	caused by graphic videos.	true justice.

Suji @ Kasi v. The Inspector of Police

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Suji @ Kasi v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Muthupandiyan Vs The Inspector of Police

The State Of Tamil Nadu Vs Tvl I. Vetrivel Civil Contractor

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