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A Supreme Court bench of Justices Ajay Rastogi and Nagarathna on Friday remarked that Arya Samaj cannot issue marriage certificates. The bench also said that it is for the authorities to issue the same.
The above transpired in a matter where a person accused of committing rape and other offences under the Protection of Children from Sexual Offences Act (POCSO Act) sought his release on bail and filed a plea before the Top Court. The counsel for the accused told the court that an FIR has been lodged with a delay of one and half years.
The Accused's counsel further argued that the delay in lodging the FIR has not at all been explained by the complainant. He further submitted that the prosecutrix is a major girl and marriage between the accused and prosecutrix has already taken place at Arya Samaj and the marriage certificate is also available on record.
Court, on hearing the arguments, dismissed the plea while remarking, “Arya Samaj has no business giving marriage certificate. This is the work of authorities. You show the real certificate.”
Earlier, the Rajasthan High Court while considering this matter had denied bail on the ground that the prosecutrix in her statement recorded under Section 164 Cr.P.C. had leveled specific allegations of committing rape against the accused. The High Court had further noted that the prosecutrix had deposed that the accused had taken her signature on a blank paper and the petitioner also prepared video of the incident.
Case title: Sunil Lora Vs State of Rajasthan
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