R.  Rajamani (16), d/o Late Ramasamy, resident of Sambaravallipudur, Karamadai Union, Metupalayam Taluk, Coimbatore district, belongs to dalit Arunthathiyar community. She is studying 12^th std (Ist Group – Computer Science) during the calendar year 2010-11, in Pethikottai Government Higher Secondary School. Since her father died due to heart attack and due to their impoverished condition, her elder sister Backialakshmi is pursuing B.Sc with the financial support of the villagers. Due to the poor health condition, Rajamani was admitted in the Kovai Government Hospital and received treatment for nearly two months. After the medical treatment, Rajamani sought permission from the Head Master Selvaraj, to continue her education. But Selvaraj sighting her long leave, asked her to continue her education next year in the same school by choosing third group( Accountancy and Commerce). He forced them to receive their Transfer Certificate. Rajamani and her mother Thangamani, asked the HM to keep the TC with him and they will continue the education next year. But Selvaraj forcefully gave the TC back and asked them to join next year. But the School Education sent Hall Ticket for Rajamani to attend the 12^th std public examination. But Selvaraj have not informed about the arrival of  Hall Ticket to Rajamani. When Rajamani approached Selvaraj to seek admission for the 12^th std during the calendar year 2011-12. Selvaraj refused to give admission, saying that she already completed her 12^th std in the school and the hall ticket to appear for the public examination was already sent to the school. Hence Selvaraj told Rajamani to continue her examination by joining in any private tutorial college. When Rajamani explained her family financial condition and their inability to afford private education by paying fees, Selvaraj verbally abused her saying, continue your education by paying fees or to work as a daily wage labour. Being humiliated by this denial of education, Rajamani and her mother Thangamani, filed a petition with the District Magistrate seeking permission to continue her education in the same school. As the District Administration failed to take action in this regard, Rajamani, the villagers and the students staged a protest demonstration against the Head Master and the District Administration. Hence District Educational Officer gave an order to give admission in the same school and promised to take action against the Head Master Selvaraj.

Victim Amrita Kumar d/o- Ramji Ram had gone to see a marriage procession on 12.06.2011 at 08pm. There accused raped her, victims brother came to know about the incident and informed in the family. Then the victim’s family came in search for her and the accused left her and runaway from the place.

Legal Standard Breached:

1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Punishment for voluntarily causing hurt- Whoever, except in the case provided for by voluntarily causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine which may extend to one thousand rupees, or with both [sec. 323, 334 IPC].
3.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
4.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
5.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec.3 (1)(xi) SC/ST (PoA) Act].

3.      Voluntary Causing grievous hurt – whoever, voluntarily causes hurt, if the hurt which he intends to cause grievous hurt [sec. 325 IPC].

4.      Rape- A man is said to commit ‘rape’ that, except in the case hereinafter excepted, has sexual intercourse with a woman without her will or without her consent [sec.375 IPC].

Mahemadpur village is ten k.m far from taluka place Chanasma, there are families of Dalits, Patels, Rabaris, Thakor and Kumbhar living in the village. Most of the villagers survive on agricultrual and animal husbandary. Patesl are economically and educationally well to do. There are 55 houes of Thakor community and they are dominating over the Dalit community. Dalits have to depend on Thakors and Patels. The girls are less educated as compared to boys in almost all the community. The victim of this case belong to shcedule caste.

On 10-6-11 the victim went to Patan for shopping and came back in the evening. Thereafter, she was going to attend natural call, at that time accused Jayantibhai came there and he was drunk. While passing through he shouted at the victim and used abusive and filthy words regarding her caste. He tried to molestrate her and rape her but she shouted so the accused hit  on her forehead.

Thereafter, she was taken to the hospital, she got four stiches, police came there to take her statement.