CHENNAI: The Madras High Court has set aside an order of a single judge where an Armed Reserve police personnel was awarded compulsory retirement on allegations of giving false promises of marrying a 17-year-old girl and sexually assaulting her.

The issue pertains to Sivakumar, the personnel belonging to Vellore division, who was punished by the disciplinary committee of the police department after charges were made against him by a 17-year-old girl for sexually assaulting her in the pretext of marrying her. In 2005, after the allegations were raised against him, the disciplinary committee initiated action against him — dismissal from service and a compulsory retirement.

However, during the earlier hearing, it was submitted that Armed Reserve personnel DSP had found in the investigation that charges of sexual harassment were not proven. However, the concerned Superintendent of Police disagreed with the finding, and the single judge upheld the disciplinary committee’s order.

Meanwhile, on the day, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy observed, “Surely, the failure to live up to a promise to marry cannot be equated with the commission of the offence of rape.

What is evident from the appreciation of the evidence is that the intimacy between the two was established but there is not a shred of evidence alluded to indicate that any physical violence was resorted to.” The bench added: “Considering the extent of the charges that were proven, the punishment appears to be shocking.”