Allow Cookies!
By using our website, you agree to the use of cookies
The Orissa High Court on Friday granted bail to a man who was accused of rape of a minor, noting his submission that while availing interim bail, he has married the survivor, who has attained the age of a major. Justice B.P Routray while hearing an application under Section 439 Cr.P.C for granting of bail to the petitioner in connection with a case for alleged commission of offenses under Sections 376(2)(n)/417/276(2) of the IPC and Section 6 of the POSCO Act, pending before the Additional District and sessions Judge-cum-Special Court.
It was noted by the Single Judge that the Petitioner was initially in custody since 13/02/2020 and by the merit of the order of a coordinate bench of the High Court dated 2/06/2020, he was granted interim bail. He was then taken into custody from 06/07/2020.
Justice Routray directed that the petitioner should be released on a bail regarding the case on terms and conditions to be fixed by the learned court below holding the matter.
The ex-priests bail was terminated to August 4 by the High Court on Friday to be considered along with the intervention.
The relief at this stage stating a man’s desire to marry the victim will provide an away for many such men who have committed the offense of rape or sexual assault to force or coerce their victims into a compromise to escape from the hands of the law.
It may be noted that the Supreme Court has time-and-again return down powerfully on the difficulty of compromise in instances of rape. In 2013, in Shimbhu's case, a three-judge bench had declared: "...a compromise entered into between the parties can't be construed as a number one issue supported that lesser penalization will be awarded. Rape could be a non-compoundable offense and it's an offense against the society and isn't a touch on be left for the parties to compromise and settle. Since the Court cannot perpetually be assured that the consent given by the victim in compromising the case could be a real consent, there's each probability that she may need been controlled by the convicts or the trauma undergone by her all the years may need to be compelled her to decide on a compromise. Accepting this proposition can place an extra burden on the victim. The suspect could use all his influence to pressurize her for a compromise. So, within the interest of justice and to avoid uncalled-for pressure/harassment to the victim, it'd not be safe in considering the compromise got wind of between the parties in rape cases to be a ground for the Court to exercise the discretionary power beneath the precondition of Section 376(2) IPC."
In 2015 in the State of MP v. Madanlal, the top court had iterated as follows: "in a case of rape or attempt of rape, the conception of compromise under no circumstances can be thought of. These are crimes against the body of a woman which is her temple. These are offenses that suffocate the breath of life and sully the reputation. And reputation, needless to emphasize, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the "purest treasure", is lost. The dignity of a woman is a part of her non- perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honor which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but adroitly putting pressure; and we say with emphasis that the Courts are to remain away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to put it differently, it would be in the realm of a sanctuary of error. We are compelled to say so as such an attitude reflects a lack of sensibility towards the dignity, the elan vital, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility."
86540
103860
630
114
59824