In an unusual exchange today in the Supreme Court, Chief Justice of India SA Bobde asked a government servant accused of repeatedly raping a minor girl whether he would marry the victim.
The apex court was hearing a bail appeal of Mohit Subhash Chavan, a technician with the Maharashtra State Electric Production Company, who has been accused of raping a minor schoolgirl and faces charges under the severe POSCO (Protection of Children from Sexual Offences) law. The accused has filed a petition against the verdict of the Aurangabad Bench of the Bombay High Court by which an order of the Sessions Court granting the appellant anticipatory bail was rejected.
"If you want to marry we can help you. If not, you lose your job and go to jail. You seduced the girl, raped her," Chief Justice of India SA Bobde told the petitioner's lawyer, who argued that his client could lose his job.
The accused petitioner told the court that his mother had offered a marriage proposal when the girl went to the police, but she refused. Then a document was made to say marriage would take place when she turns 18. But, when the girl turned 18, the accused refused to marry her. That is when a rape complaint was filed against him, according to a petition filed by Chavan.
"Will you marry her?": the Chief Justice asked the accused man.
Chavan's lawyer replied: "Will take instructions."
Chief Justice said: "You should have thought before seducing and raping the young girl. You knew you are a government servant."
"We are not forcing you to marry. Let us know if you will. Otherwise, you will say we are forcing you to marry her,” the CJI observed.
The accused's lawyer said he would reply after consulting with his client.
Shortly, the petitioner’s counsel said: "I wanted to marry her. But she refused. Now I cannot, as I am already married. The trial is going on, charges are yet to be framed."
"I am a government servant and if I am arrested I will be suspended automatically," the accused said.
The CJI then noted, "That's why we have given you this indulgence. We will stay the arrest for four weeks. Then you apply for regular bail.”
Chavan was granted protection from arrest but the Bombay High Court had dismissed it.
The Supreme Court said the accused would not be arrested for four weeks and he could apply for regular bail.
Awful facts about the case
The accused who is a distant relative of the girl had raped her when she was 16 and threatened he would throw acid on her face and harm her family if she reveals the incident to anyone. Using these threats he repeatedly raped the victim around 10-12 times, she was in 9th standard.
One day when the victim tried committing suicide but was stopped by her mother and then they lodged a police complaint against the appellant. However, the petitioner’s mother requested them from doing that and promised she would get her son married to the victim once she turns 18. The victim’s mother was made to sign an undertaking on stamp paper that there was an affair between their children and that the sexual relations were consensual.
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However, the petitioner's mother refused to facilitate the marriage between the two, when the girl attained the age of 18. This prompted the victim to file a complaint against based or.
Based on this complaint, an FIR was registered for charges under Section 376 (punishment for rape), 417 (punishment for cheating), 506 (punishment for criminal intimidation) of the Indian Penal Code and under Sections 4 (punishment for penetrative sexual assault) and 12 (punishment for sexual harassment) of the Protection of Children from Sexual Offences Act (POCSO), 2012