Tuesday, January 31, 2023

Supreme Court asks Maharashtra govt servant accused of raping minor if he would marry her, grants him protection from arrest for 4 weeks

In 2019, a rape case of a minor was registered against the accused under Section 376, 417, 506 of the IPC and section 12 of the POCSO Act

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The Supreme Court on Monday while hearing the special leave petition of a Maharashtra government official, who is accused of raping a minor girl asked whether he was he was ready to marry the victim.

The accused, Mohit Subhash Chavan, has challenged the decision of the Bombay High Court’s Aurangabad Bench which rejected his anticipatory bail petition. During the hearing in the Apex Court on Monday, Chief Justice of India S.A. Bobde asked the accused petitioner, “Will you marry her?” On this, the petitioner’s lawyer said he would have to ask with his client on it.

Anand Dilip Langde, the petitioner’s lawyer, said his client is a government servant and if arrested, he will be suspended from his job. On this plea, the Supreme Court said, “It should have been thought of before the minor was caught and raped.” Chavan, 23, is accused of raping a 16-year-old girl in 2014-15.

The Supreme Court, however, made it clear that it is not pressuring the petitioner to marry the minor victim. The court asked the rape accused whether you want to get married. We are not pressuring you. Actually, the accused had promised that if the girl turns adult then he will marry her, but he did not in result of which a rape complaint was filed against him.

In 2019, a case of rape of a minor was registered against the accused under Section 376, 417, 506 of the IPC and section 12 of the POCSO Act.

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The petitioner then approached the Sessions Court, Jalgaon for anticipatory bail, which was granted on January 6, 2020. The victim then challenged it before the Aurangabad Bench of the Bombay High Court. Before the Bench of Justice Mangesh Patil, counsel for the victim contended that anticipatory bail should not have been granted in a case in which the offences are serious and falling under the POCSO Act.

The Supreme Court ordered that accused would not be arrested for four weeks and he could apply for regular bail.

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