Madras HC grants bail to rapist, asks him to mediate with victim

Madras HC grants bail to rapist, asks him to mediate with victim

Chennai: The Madras High Court on Tuesday referred a case of a rapist, who was awarded seven years imprisonment by a trial court, to its mediation centre to settle the matter taking note of the future of the victim, now a mother of a child.

Justice P Devadass, holding that alternative dispute resolution such as mediation is now being used in criminal cases said, “In fact, even in Islam, Hinduism and Christianity there are instances of solving the disputes in a non-belligerent manner. The result of it is very good because there is no victor, no vanquished.”

Granting interim bail to the accused Mohan, the judge in his order said he has already referred a similar matter in February for mediation which has yielded a good result and nearing happy resolution.

“The victim-girl has become mother of a child. But as on date, she is nobody’s wife. So, she is an unwed mother. Now there is a big question mark looming large before the girl as well as her child, who is completely innocent.”

“Generally, in this type of cases, the girl concerned is stated to be a victim, but really speaking the child born out of such a physical contact is also a victim. The child is a victim of circumstances. She had born to suffer a social stigma for no fault of hers. It is a great tragedy,” the judge said.

In July 2002, a mahila court in Cuddalore district acquitted two others in the case but found Mohan guilty of rape. Besides Rs 2 lakh fine, he was sentenced to undergo imprisonment for seven years.

Mohan challenged his conviction in the case.

Justice Devadas referred the matter to the mediation centre attached to the High Court and said Rs 1 lakh should be deposited as fine by Mohan and it should be kept in Indian Bank, Thittakudi, Cuddalore District as a fixed deposit in the girl’s name and granted interim bail enabling Mohan to attend the mediation.

The judge also directed the advocates appearing on both sides to assist the mediators in this case.


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