The Supreme Court said he would not be arrested for four weeks and that he could request regular bail.
New Delhi:
The Supreme Court today asked a government employee seeking protection from arrest if he would marry a woman who has accused him of rape.
The high court was hearing the request for bail from Mohit Subhash Chavan, a technician with the Maharashtra State Electric Production Company. He has been charged with raping a schoolgirl and faces charges under the severe POCSO (Protection of Children Against Sexual Offenses) law.
“If you want to get married, we can help you. If not, you lose your job and go to jail. You seduced the girl, he raped her,” Chief Justice of India SA Bobde told the petitioner’s lawyer, who argued that his client could to lose his job.
The petitioner told the court that his mother had offered him marriage when the girl went to the police. But she had reportedly refused. Then a document was drawn up to say that he would marry once the girl turned 18. However, when she did, the man refused to marry her. It was then that a rape complaint was filed against him, according to a petition filed by Chavan.
In a question that has been commented on on social media, the Chief Justice asked the defendant: “Will you marry her?”
Chavan’s attorney responded: “He will accept instructions.” The chief judge said, “You should have thought about it before seducing and raping the young woman. You knew that you are a government servant.”
The Chief Justice said: “We are not forcing him to marry. Let us know if he will. Otherwise, he will say that we are forcing him to marry her.”
The defendant’s attorney said he would respond after consulting with his client.
Later, he told the Supreme Court: “Initially I wanted to marry her. But she refused. Now I can’t because I’m already married.”
He also said that the trial was underway and charges had not yet been filed.
“I am a government servant and if they arrest me they will automatically suspend me,” he said.
“That is why we have given him this leniency. We will hold the arrest for four weeks. Then he asks for a regular bond,” said Chief Justice Bobde.
The trial court had granted Chavan protection against arrest, but the High Court had canceled it.
The Supreme Court said he would not be arrested for four weeks and that he could request regular bail.
In another case, a court case involving a matrimonial dispute led by the Chief Justice was sent to mediation between the two parties.
“If you cannot live together gracefully, then leave gracefully,” said the Chief Justice.
Recently, another Punjabi man accused of rape obtained a pardon from the Supreme Court on the condition that he 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 was in a relationship with the woman who accused him of rape and cheating after he refused to marry her.
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