In Brief
Shajan was convicted by the trial court under Indian Penal Code Sections 376 and 493 and the SC/ST Atrocities Act Section 3(1)(xii). The High Court acquitted him of the first charges but upheld the conviction under the Atrocities Act, sentencing him to six months. The Supreme Court allowed his appeal, holding that Section 3(1)(xii) requires proof of dominance and sexual exploitation. Since the parties had entered a consensual registered marriage agreement and then separated, without evidence of dominance or coercion, the offense could not be made out. The appellant's mere abandonment of the relationship was insufficient to constitute criminality under the Act.
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