Cannot frame guidelines in every rape case: court

April 1st, 2009 - 11:57 pm ICT by IANS  

New Delhi, April 1 (IANS) The Delhi High Court, while hearing a case related to a rape victim agreeing to marry her attacker under pressure, Wednesday told the Delhi Commission for Women (DCW) that it cannot frame guidelines for every rape case and asked for records related to the trial.
A division bench headed by Chief Justice Ajit Prakash Shah and Justice Sanjiv Khanna asked the commission to bring the case records before it within four weeks.

The commission Tuesday approached the court after a rape victim, under pressure, accepted a marriage offer from her attacker, who has been denied bail by a city court.

The DCW in its letter said the woman had approached the commission for help as she was under pressure from her family.

The letter stated that a wrong precedent would be set if the rape accused are allowed to marry their victims during the pendency of the cases. The commission sought urgent intervention in the case, saying that if the attacker is granted bail, the law becomes meaningless.

In its letter, the DCW argued that such steps by rape victims are against law, and if such instances take place, in all rape cases the accused men will walk scot-free after marrying their victims.

The incident happened in 2005 when Momin, a neighbour of the victim, called her to his house on some pretext, drugged her and raped her.

Momin, in jail for three years, was left with no other means of securing bail and decided to accept the victim as his wife. His bail application stated that even the victim had agreed to marry him.

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