Controversy over CJI's remarks in rape case

  • The Supreme Court said it is an institution that has the “highest respect for women” while clarifying its “Will you marry her?” remark during the hearing of a rape cas.
  • The apex court added that its observations on the case were “completely misreported”. 

THE CASE

  • The FIR against Mohit was lodged in 2019 under Sections 376, 417, 506 of the Indian Penal Code and under Sections 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") by the girl. 
  • The girl alleged that during 2014-2015, when she around 16 years of age, the accused raped her. 
  • He also promised to marry her to prevent her from filing police complaint.  
  • 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.
  • The HC ruled in favor of the girl.

CASE IN SC

  • A bench headed by the CJI was hearing a SLP filed by Mohit.
  • "Will you marry her?", CJI SA Bobde asked the petitioner's lawyer when the matter was taken. 
  • "I will take instructions", Advocate Anand Dilip Langde, petitioner's lawyer responded and sought a pass over. 
  • The lawyer informed that marriage was not possible as the petitioner had married someone else. 

SLP

  • SLP is a petition seeking special permission (leave) from SC to appeal against a judgment passed in any of the lower courts or tribunals in India. 
  • SLP is not an appeal but a petition filed for an appeal. 
  • The Supreme Court may accept or reject the same. 
  • SLP is filed before the SC under Article 136 of the Constitution.

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