The Supreme Court of India on March 1, Monday asked a government employee seeking protection from arrest whether he would marry a woman who has accused him of rape.
The top 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 and faces charges under the severe POCSO (Protection of Children from Sexual Offences) law.
In his plea, the 23-year-old accused had prayed against being arrested saying that under the state’s rules, he will be suspended from service if detained for more than 48 hours. In an apparent reference to this line, the bench said, “You should have thought before seducing and raping the young girl. You knew you were a government servant.”
"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," Chief Justice of India SA Bobde told the petitioner's lawyer, who argued that his client could lose his job.
The woman alleged that Chavan used to stalk her when she was 16 years old and studying in Class 9. She said the accused, who is a distant relative, one day entered her house when her family members were out. “During that period, he clandestinely effected entry into the house from a backside door and committed rape on her. He also threatened her of consequences if the incident was disclosed,” stated the woman’s application.
When the woman and her mother went to the police station to file a complaint, the accused’s family reportedly tried to stop them. Chavan’s mother then promised them that she would have her son married to the girl once she turned 18. However, the man refused to marry her and a complaint was filed against him.
Hearing the plea, the Chief Justice told Chavan, "We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry her."
