Read Time: 04 minutes

Supreme Court today dismissed plea by victim in Kottiyoor rape case, seeking permission to marry former Catholic priest Robin Vadakkumchery, who had raped and impregnated her when she was a minor. Court said the High Court has already taken into consideration all important aspects and there seems no reason to interfere.

A Division Bench of Justice Vineet Saran and Justice Dinesh Maheshwari, while hearing the matter said,

“High Court has taken into consideration all relevant Aspects. No Reasons to interfere.”

Advocate Amit George told the Court that Right to Marry is a Fundamental Right which cannot be infringed while keeping the convict back in custody.

The bench asked about the ages of respective parties during the course of hearing. Expressing no inclination, the petition was dismissed.

Petitioner had averred that since the performance of their marriage was not possible due to the convict being in jail, the victim and the convict had approached the Kerala High Court seeking two month’s interim bail for solemnizing their marriage and making necessary arrangements before the Child Welfare Committee, Thalassery to obtain joint custody of their child “Dominic Savio” from St Angelos Fondling Home, Wayanad.

However, without taking into consideration the petitioner’s mental trauma, the innocent child’s plight the High Court in 2021, dismissed the application and restrained their marriage. 

According to the prosecution, on a day in May 2016, the accused induced the victim to go to his bedroom and thereafter committed rape and sexual assault.

As a result, the victim became pregnant and gave birth to a baby boy on February 2, 2017. 

The POCSO Special Court, Thalassery had thereafter awarded 20 years of rigorous punishment and had also imposed a fine of Rs 3 lakh on the convict.
 

Case Title: XXX Victim v State of Kerala| SLP(Crl) No. 4022/2021