“Will You Marry Her?” SC asks Government Worker in Rape Case
The accused faces charges under the POSCO (Protection of Children from Sexual Offences) law for raping a schoolgirl
On a bail request of a technician with Maharashtra State Electric Production Company CJI said he would not be arrested for 4 weeks and he could apply for regular bail
Comments made by the Chief Justice of India in the Supreme Court while presiding over a Rape case today have raised eyebrows. “Will You Marry Her?” will have the law fraternity talking.
Like his predecessor, Chief Justice Gogoi who went on to join the Rajya Sabha at the request of BJP, the incumbent Chief Justice has also been a talking point. His track record in relation to Article 370, Delhi Riots, NRC-CAA, bail to Arnab Goswami, etc have been already making him a point of discussion, more so among the liberals, seculars and intellectual fraternity.
Also, like his predecessor he is also being viewed in a different light when such cases like the present comes to him. In fact Gogoi had presided over a charge of misconduct with a women junior herself which made quite a noise. This case also seems to be one where Justice Bobde’s will be scrutinised.
Chief Justice Bobde while hearing the case under the POSCO law of a Maharashtra State Electric Production Company technician said, “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."
This was addressed to the accused but through his lawyer, who said his client could lose his job.
The details of the case according to documents presented shows that when the girl went to the police post the atrocious act by the technician, the man's mother had offered marriage. This the girl had reportedly refused. Then a document was executed to say that there would be a marriage once the girl turned 18. When the girl turned 18, however, the man refused to marry her. That is when a rape complaint was filed against him.
This is when the question that has been much commented upon on social media was asked by the Chief Justice: "Will you marry her?"
The petitioner’s lawyer replied: "Will take instructions." The Chief Justice to this said: "You should have thought before seducing and raping the young girl. You knew you are a government servant."
The Chief Justice further said: "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 again repeated his answer and said he would reply after consulting his client.
Later, he said: "Initially I wanted to marry her. But she refused. Now I cannot as I am already married." He also informed the court that the trial was on and charges were yet to be framed.
"I am a government servant and if I am arrested I will be suspended automatically," he also 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.
The trial court had granted the man protection from arrest but the High Court had cancelled it and that was the reason for the petitioner to approach the Supreme Court.
The Supreme Court said he would not be arrested for four weeks and he could apply for regular bail.
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