Rs.15 lakh as compensation to a man named Santhosh, who was arrested on charges of rape (when he was a College student) and was made to face trial for over 7 years was awarded by a Chennai court (XVIII Additional City Civil Court, Chennai).
The XVIII Additional Judge, City Civil Court, Chennai Dr. R. Sathya Santhosh was hearing a suit filed by the plaintiff, Santhosh under Order VII, Rule 1 CPC for directing the defendants (Woman and her mother) to jointly and severally to pay him, a sum of Rs.30, 00,000/ as damages and for cost.
Petitioner Santosh’s lawyer A Sirajudeen said that, the Judgment Dated Thursday (23rd January 2020) was pronounced in the open court on Saturday (1st February 2020), but was released online only last week i.e., more than 9 months after the same was delivered. However, he is yet to get the certified copy of the Judgment.
Santhosh filed a compensation suit against her after he was acquitted in the case, as the DNA test proved that he was not the father of the child, whom the alleged victim-woman delivered and she had falsely accused him of raping and impregnating her.
It was prayed by the Petitioner Santhosh that the false rape charge had ruined his career and life.
The relationship between both the families became strained following a property dispute, the plaintiff and his family members left the house and shifted to Mogapair West and the plaintiff joined B.Tech (IT) in SRR Engineering College, Padur, OMR, Chennai.
In 2009, the woman’s mother came to his house and claimed that he had impregnated her daughter and demand to arranger their marriage, but the family of petitioner Santhosh refused to marriage proposal and said that he was not the one who impregnated her.
A report was lodged against the plaintiff Santhosh and the police registered an FIR in Cr.No.874/2009 against Santhosh for an offence punishable under section 417, 376 IPC.
In November 2009, he was arrested and remained in custody for 95 days and was came out only in February 2010, by that time woman delivered a baby girl.
The Court formed a view that the 1st (Woman) and 2nd defendant (Woman’s Mother) are responsible for the malicious complaint levelled against the plaintiff Santhosh.
The Court further observed that the plaintiff could prove that the 1st and 2nd defendant had made a false complaint and based upon which the plaintiff was prosecuted.
The Court said noting the circumstances,
“This Court is of the considered view that the plaintiff has proved the damage to his reputation and the pecuniary loss through material evidence both oral and documentary and is entitled to damages.”
“The defendants 1 and 2 are liable to pay the damages to the plaintiff and the suit is decreed partly directing the defendants 1 and 2 to jointly and severally to pay the plaintiff the damages of Rs.15 lakhs to the plaintiff.”
The suit was decreed partly and the defendants 1 and 2 were directed jointly and severally to pay the damages of a sum of Rs.15 lakhs to the plaintiff with costs.
