The HC judgment, giving scope to conciliation brought about by marriage between the accused and the victim, is in direct violation of a Supreme Court verdict that leaves no scope for compromise and mediation in a rape case.
The Rajasthan High Court’s latest Judgment on a rape case goes against the Supreme Court ruling which states that in a case of rape or attempt of rape, there can be no question of compromise or mediation.
The court’s decision to quash all proceedings against a rape accused who filed a joint petition and appeared with the victim as a wedded couple, is against the SC verdict calling any compromise as ‘thoroughly and completely sans legal permissibility’.
The apex court Bench of Justice Dipak Misra and Justice Prafulla C. Pant had categorically stated in respect of cases where the rape accused marries the victim, that, “sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her, which is nothing but putting pressure in an adroit manner; and we say with emphasis that the courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, or 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 lack of sensibility towards the dignity, the élan vital, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility”.
In this case, the victim and the accused filed a joint petition to quash the FIR filed earlier. The two claimed that the girl was forced by her parents to lodge a complaint, as they were against the relationship. It was out of her desire that she had entered into matrimony with the accused, the victim claimed.It was also pleaded that she has no grievances, whatsoever, against the other petitioners as well.The two provided documentary proof, including marriage certificate issued by Municipal Corporation of Greater Mumbai.
Taking cognizance of the candid disclosure by the girl that she has married the accused out of volition and that the latter has not committed any offence, whatsoever, and also the revelation that she was forced to file the FIR, Justice PK Lohra ordered quashing of the FIR and all proceedings, including investigations in the case, against the accused.
The Rajasthan High Court’s Judgment, giving scope to conciliation brought about by marriage between the accused and the victim, is in direct violation of the Supreme Court verdict, which leaves no scope for compromise and mediation in a rape case.
The Supreme Court’s judgment delivered on July 1, 2015, pronounced that any sort of compromise in a heinous case like rape is illegal against the spirit of justice. The apex court verdict had stated, “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 honour, which matters the most. It is sacrosanct.”
Read the Judgment here.