On Monday, the Apex Court asked a Govt employee seeking protection from arrest whether he would marry a woman who has accused him of rape.
The Supreme Court was hearing the bail request of Mohit Subhash Chavan, a technician with the Maharashtra State Electric Production Company. He has been accused of raping a schoolgirl & faces charges under the severe POCSO (Protection of Children from Sexual Offences) Act.
"If you want to marry we can help you. If not, you lose your job & go to jail. You seduced the girl, raped her," CJI SA Bobde told the petitioner's counsel, who argued that his client could lose his job.
The petitioner told the Court his mother had offered marriage when the girl went to the Police. But she had reportedly refused. Then a document was drawn up to say marriage would take place once the girl turned eighteen. However, when she did the man refused to marry her. That is when a rape complaint was filed against him, according to a petition filed by Chavan.
In a question that has been commented upon on social media, the CJI asked the accused man: "Will you marry her?"
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Chavan's lawyer replied: "Will take instructions." Justice Bobde said: "You should have thought before seducing & raping the young girl. You knew you are a government servant."
CJI Bobde said that "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 accused's lawyer said he would reply after consulting with his client.
Later, he told the Apex Court, "Initially I wanted to marry her. But she refused. Now I cannot as I am already married."
He also said the trial was on & charges were yet to be framed.
"I am a government servant & if I am arrested I will be suspended automatically," he said.
CJI said, "That's why we have given you this indulgence. We will stay the arrest for four weeks. Then you apply for regular bail".
The Trial Court had granted Chavan protection from arrest but the HC had cancelled it.
The Top Court said he would not be arrested for 4 weeks & he could apply for regular bail.
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In another instance, a case relating to a matrimonial dispute before the Chief Justice-led bench was sent to mediation between the two sides.
"If you cannot live together gracefully then leave gracefully," the Chief Justice noted.
Recently, another man from Punjab accused of rape caught a reprieve from the Supreme Court on condition that he would marry the woman within six months. He was warned of jail if he broke his promise to marry the woman, who is now in Australia.
But in the case, the man had a relationship with the woman who accused him of rape & cheating after he refused to marry her.
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