Chennai, June 24 (UNI) The Madras High Court has asked a rape convict to opt for mediation talks with a rape survivor, a minor at the time of the offence.
The court also granted interim bail to the convict, V Mohan, to enable him to participate in the talks.
When his petition seeking suspension of the seven-year sentence awarded to him by the trial court and bail, Mr Justice P Devadass said ”keeping the appellant inside the jail and asking him to participate in the mediation talks will not have any fruitful result”.
”He should be allowed to participate in the deliberations as a free man and vent his feelings and open his mind”, the Judge added.
Mohan was convicted by a local court in Cuddalore district in 2009 and sentenced to seven years imprisonment on charges of raping a minor girl, who later gave birth to a girl child.
The accused was directed to pay Rs two lakh as compensation to the survivor. Noting that the survivor was an unwed mother of a child, the judge said ”there is a big question mark looming large over the survivor as well as her child.”
Stating that Alternative Dispute Resolution (ADR) mechanism was being used in criminal cases too, the Judge said there was no bar to attempt at reconciliation even in a criminal appeal where the accused has been convicted under Sec 376 of the IPC (punishment for rape), he said.
”Compromise, if any, arrived at shall be reduced into a form of a Memorandum of Understanding and it shall be submitted to this court, the Judge said, adding, in case of violation of spirit of this order, it would entitle the survivor or the police to move this court for cancellation of the interim bail.
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