Tuesday, April 13, 2021
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“If you marry her, we can help you”- SC to rape accused

In a startling event, the Supreme court of India has asked an accused government worker if he is ready to get married to his victim of rape for attaining protection from police arrests.

Mohit Subhash Chavan is a technician working with the Maharashtra State Electric Production Company who filed a petition in the Supreme Court. With severe charges under the POCSO (Protection of Children from Sexual Offences) law, he has been accused of raping a school student.

While the petitioner argued that the case and arrest can rob his client of his job, the Chief Justice of India SA Bobde suggested him to marry the victim doing which, the court will also help the accused in the case.

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“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,” the CJI said.

To this, the petitioner told in the court during the hearing that his mother had offered the girl to get married to him when she first reached the cops to inform the crime. However, she reportedly refused for it. Later, a document was created that said the girl and Chavan would get married to each other after she gets 18 years old.

Things took the turn as the accused refused to get married to her when the girl turned 18. When this happened, a rape complaint was lodged in the police against the man, as per the accused’s petition.

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The occurrence that has been making the rounds of social media platforms getting strong criticism is the Chief Justice’s question to the accused, “Will you marry her?”
“Will take instructions,” came his lawyer’s reply. The CJI continued saying, “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,” he also added.

Chavan’s advocate said he will reply to the offer once he discusses with his client regarding it. The petitioner, at a later stage, told the court, “Initially I wanted to marry her. But she refused. Now I cannot as I am already married.”

The accused went ahead to claim the trial was still going on and no charges have yet been proved.

“I am a government servant and if I am arrested I will be suspended automatically,” he said.

“That’s why we have given you this indulgence. We will stay the arrest for four weeks. Then you apply for regular bail,” said Chief Justice Bobde.

Earlier, the High Court had cancelled the arrest protection given to Chavan by the trial court.

To this, the SC said he will not be arrested for 4 weeks from now and is eligible to file for a regular bail.

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