'Will You Marry Rape Victim?' Remarks Misreported; Court Has Highest Respect For Womanhood : CJI Bobde

The girl alleged that during 2014-2015, when she around 16 years of age and was studying in the ninth standard, the accused used to stalk her. Since he was her distant relative, he used to keep coming to her house. She further alleged that during that period, he clandestinely entered into the house from a backside door and committed rape on her. He also threatened her of consequences if the incident was disclosed. She further alleged that even thereafter he continuously stalked her and threatened her. She alleged that he used to come frequently to her house and used to have sexual intercourse.She has also stated that sometimes, he used to use contraceptive. Since she was afraid, she never disclosed this fact to anybody.

It was further alleged that when she tried to lodge a police complaint with the help of a social worker, the mother of the accused dissuaded her from it saying that she will accept her a as a daughter-in-law. She further alleged that the petitioner once got executed a writing on a stamp paper from her illiterate mother,stating that there was an affair between the two and with her consent, they both had indulged in sex. It was promised that he will marry her after she attained majority.

However, the accused backtracked from his promise and married someone else.

After the accused was granted anticipatory bail by the Sessions Court, the girl approached the Bombay High Court seeking its cancellation.

In the order cancelling his anticipatory bail, the Bombay High Court observed that the accused had sexually exploited the girl for a sufficiently long period.

"One can easily conclude that going by the allegations respondent No.2(the accused) has sexually exploited the applicant for a sufficiently long period, since she was around 16 years of age. The papers of investigation would further corroborate the applicant's version about execution of a writing on a stamp paper of Rs.500/-. Respondent No.2 and his family seem to be so influential that they could get executed this writing from the applicant and her widowed mother. The very fact that they could get such writing executed is indicative and is sufficient to infer that respondent No.2 had indulged in sex with the applicant even when she was merely 16 years of age. Pertinently, this writing also bears his signature and signature of his mother".

The High Court even went to the extent of saying that the Sessions Court's order granting bail was "atrocious". The Sessions Court observed though the girl was a minor, she was of "sufficient maturity" as she "has with meticulous details mentioned about use of contraceptive" by the accused.

Taking strong exception to the "lack of sensitivity" shown by the Sessions Court, Justice Mangesh S Patil of the High Court observed:

"The approach of the learned Judge from such a reasoning clearly shows his utter lack of sensitivity in such serious matters. Inspite of having noted that the applicant was still a minor when respondent No.2 had sexually exploited her and inspite of observing that her consent would be immaterial,he has concluded that it was a consensual relation. Astonishingly, merely because she has mentioned in the FIR about use of contraceptive by respondent No.2, the learned Judge has jumped to the conclusion that she was having sufficient maturity. The height is committed by the learned Additional Sessions Judge even to record an observation that there is a possibility of false implication of respondent No.2. Such an approach is a clear indication that the learned Judge utterly lacks competence. It is indeed a matter which deserves a serious consideration"