Plea By Rape Survivor Rejected, Convict To Marry Each Other: Supreme Court

BACKGROUND OF THE CASE

• When the crime occurred, Robin was the vicar of St.Sebastian's Church, Kottiyoor of Wayanad District.
• He was the manager of that church-backed school where the survivor, who was then a Class XI student, was studying. She got pregnant due to the crime and on February 2017, gave birth to a girl child.
• He was arrested by police in February 2017 on his way to airport in an attempt to flee to Canada.
• On February 2019, Robin Vadakkumcherry Mathew was convicted and sentenced to 20 years imprisonment.

ARGUMENTS BY ADVOCATES

• Senior Advocate Kiran Suri, appearing for the victim, stated that the victim wants to marry the accused so as to give legitimacy to the child.
• In her petition, she had alleged that that the child is now of school-going age, and hence the father's name is required to be mentioned in the school admission application form and other stuff.
• When the Benchenquired about the age of the parties, Advocate Amit George, appearing for the accused, informed that the accused is above 45 years and the victim is about 25.
• George also argued that the Fundamental Right of the accused to marry anyone of his choice cannot be hindered by a bail plea.
• He further stated that regarding the sweeping observations made by the High Court regarding their proposal to marry, any application made by him to the Jail Superintendent will not yield results.

PLEAS MADE

• On Monday, the Supreme Court discarded the application filed by survivor expressing willingness to marry her accused, that is, the former Catholic priest Robin Vadakkumchery, who was convicted under POCSO for raping and impregnating her when she was a minor.
• The Court also rejected a petition filed by Robin Vadakkumcherry who had requested the suspension of his sentence to marry the survivor. The survivor had also supported his plea stating that she wanted the marriage to happen and to escape the social stigma. She also wanted to provide legitimacy to the child who was born out of that sexual crime.

OBSERVATION MADE BY HIGH COURT

• Previous year, the accused moved an application before the Kerala High Court and requested to suspend that his sentence to marry the survivor, who has now attained the marriageable age.
• He also alleged in the application that the act was consensual and the survivor, who was then a minor aged around 16 years, also consented to it. He focused that the only impediment to the marriage was his priesthood but now he is eligible for entering wedlock as he had been dispensed with priestly duties and rights by the Pope and thus has been reduced to the state of a layman.
• A Single Bench of Justice Sunil Thomas of the High Court had rejected the application of accused to suspend his sentence for marriage, stating that judicial approval cannot be given to marriage when the findings of the Trial Court states that a minor was raped by the same accused.
• While dismissing the said application, the High Court cited several precedents from Supreme Court which held that rape cases must not be settled by approving marriage between the rapist and the survivor.
• Robin has filed special leave petition in the Supreme Court, challenging this High Court order.

OBSERVATIONS MADE BY SUPREME COURT

• The Division Bench comprising Justices Vineet Saran and Dinesh Maheshwari observed that the court saw no reason to disturb the High Court's order of refusing to suspend Robin's sentence to marry the rape survivor.
• The Supreme Court opined that the observations made by the High Court after examining all aspects of the case holds true and it does not wish to disturb that order.
• Further the Court said that the parties can raise their grievances before the High Court, where Robin's criminal appeal is filed against the sentence imposed by Special POCSO Court,Thalassery in 2019 and which is still pending.

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