The man told the court that he was a government employee who will be suspended if he was arrested or detained under criminal charges.

这名男子告诉法庭，他是一名政府雇员，如果应刑事指控遭到逮捕或拘留，他将被停职。

A Supreme Court bench headed by Chief Justice SA Bobde on Monday asked a government employee if he was willing to marry a woman who has accused him of repeatedly raping her when she was a minor, Bar and Bench reported.

据《法官和律师》报道，以首席大法官SA bode为首的印度最高法院法官，周一询问一名政府雇员是否愿意与一名女子结婚，而该女子指控该男子在她未成年时多次对她实施强奸。

The court was hearing a bail plea of 23-year-old Mohit Subhash Chavan, who is a technician with the Maharashtra State Electric Production Company. The Aurangabad Bench of the Bombay High Court had cancelled his anticipatory bail, according to Live Law.

该法庭当时在审理23岁的Chavan的保释请求。Chavan是马哈拉施特拉邦电力生产公司的一名技术人员。根据现行法律，孟买高等法院奥兰加巴德的法官取消了他的预提保释。

During Monday’s hearing, the chief justice asked Chavan’s counsel: “Will you marry her?” To this, the advocate said he would reply after consulting his client.

在周一的审讯会上，这位首席大法官问Chavan的律师:“你愿意娶她吗?”对此，这位律师说他会在咨询了他的当事人之后做出答复。

“You should have thought before seducing and raping the young girl,” Bobde responded. “You knew you are a government servant. We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry her.”

“当初在引诱和强奸这个年轻女孩之前，你应该好好想想，”Bobde法官回应到。“你知道你是一名公务员。我们没有强迫你结婚。但如果你愿意，请告诉我们。不然你就要说我们逼你娶她了。”

The case was heard again for a brief period, and the advocate informed the court that Chavan had wanted to marry the girl but she had refused. “Now I cannot, as I am already married,” his counsel said. “Trial is going on, charges are yet to be frxd.”

该案件的审讯再次持续了一段时间，律师告诉法庭说，Chavan曾想娶这个女孩，但她拒绝了。“现在我不能娶她了，因为我已经结婚了，”他的律师说。“审判正在进行，指控还没有确定下来。”

Chavan had submitted that if he is arrested and detained in police custody under criminal charges for a period of 48 hours, then according to the state service rules “he shall be deemed to have been placed under suspension by an order of appointing authority”, India Today reported. The court granted the accused interim protection from arrest for four weeks, and said that he could apply for regular bail.

据《今日印度》报道，Chavan提交的文件称，如果他被警方以刑事指控逮捕并拘留48小时，那么根据国家公务规则，“他将被视为遭到任命当局下令停职”。于是法院给予被告四周的临时免受逮捕期，并说他可以申请定期保释。

A first information report against him was filed in 2019 for charges under Section 376 (punishment for rape), 417 (punishment for cheating), 506 (punishment for criminal intimidation) of the Indian Penal Code. It also includes Sections 4 (punishment for penetrative sexual assault) and 12 (punishment for sexual harassment) of the Protection of Children from Sexual Offences Act.

根据印度刑法第376条(强奸惩罚)、417条(欺骗惩罚)和506条(刑事恐吓惩罚)，2019年提交了针对他的第一份指控信息报告。其中还包括《保护儿童免受性侵犯法案》第4条(对渗透性侵犯的惩罚)和第12条(对性骚扰的惩罚)。

The woman alleged that Chavan used to stalk her when she was 16 years old and studying in Class 9. She said the accused, who is a distant relative, one day entered her house when her family members were out.

这名女子声称，Chavan在她16岁上9年级时就经常跟踪她。她说，这名被告是她的远亲，有一天她的家人外出时，他进入了她的房子。
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The woman’s application said:

这位女士的申诉书上写道:

“Since he was her distant relative, he used to keep coming to her house. She further alleged that during that period, he clandestinely effected entry into the house from a backside door and committed rape on her. He also threatened her of consequences if the incident was disclosed.

“因为他是她的远亲，常到她家里去。她还说，在此期间，他偷偷从后门进入房子，强奸了她。他还威胁她说，如果这件事曝光，她将面临后果。

She further alleged that even thereafter he continuously stalked her and threatened her. Pertinently, she alleges that he used to come frequently to her house and used to have sexual intercourse. She has also stated that sometimes, he used to use contraceptive. Since she was afraid, she never disclosed this fact to anybody.”

她进一步声称，即使在那之后，他仍不断跟踪并威胁她。她针对性地声称，他经常去她家，并经常与她发生性关系。她还说，他有时使用避孕用品。由于害怕，她从未向任何人透露过这件事。”

— The woman's application, reported 'Bar and Bench'
It also said the man had threatened to throw acid on the girl’s face if she told anyone about the incident, according to Bar and Bench. The man reportedly raped the complainant 10 to 12 times.

——据《法官和律师》报道，以上内容出自这位女性的申诉书。
根据《法官和律师》的说法，该男子还威胁说，如果女孩告诉任何人这件事，他就向她的脸上泼硫酸。据报道，这名男子强奸了申诉人10至12次。

When the woman and her mother went to the police station to file a complaint, the accused’s family reportedly tried to stop them. Chavan’s mother then promised them that she would have her son married to the girl once she turned 18. However, the man refused to marry her and a complaint was filed against him.

据报道，当这名女子和她的母亲去警察局报案时，被告者的家人试图阻止他们。Chavan的母亲随后向他们保证，一旦她年满18岁，她就会让自己的儿子和这个女孩结婚。然而，Chavan拒绝娶她，并遭到起诉。
===另一篇报道===
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New Delhi: Staying his arrest for a month, the Supreme Court asked a man whether he would marry the woman who had accused him of raping her when she was a minor.

新德里:最高法院询问涉案男子是否愿意娶受害女子——后者指控他在她未成年时强奸了她，法院将对该男子的逮捕推迟了一个月
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NDTV has reported that the apex court was hearing a bail request of a government employee, one Mohit Subhash Chavan who has been accused of raping a schoolgirl. An employee at the Maharashtra State Electric Production Company, Chavan faces charges under the POCSO (Protection of Children from Sexual Offences) Act and had sought protection from arrest.

NDTV报道称，最高法院正在审理Mohit Subhash Chavan的保释请求，Chavan是一名政府雇员，被控强奸一名女学生。Chavan是马哈拉施特拉邦电力生产公司的一名员工，他面临着《儿童免受性侵犯保护法》的指控，并寻求免受逮捕。

Chavan reportedly told the Supreme Court that his mother had “offered marriage” with him to the victim when she went to police. Although she had initially refused, a document was reportedly drawn up – it is not clear as to between whom – where Chavan had promised marriage with the minor victim when she turns 18.

据报道，Chavan告诉最高法院，他的母亲在受害者向警方报案时已向受害者“提出结婚”。虽然她一开始拒绝了，但据报道，一份文件已被签署——尚不清楚是谁和谁签署的——这份文件称在她年满18岁时，Chavan答应与这名未成年受害者结婚。

The petition filed by Chavan says that when he refused to marry her once she turned 18, she filed the case.

Chavan在其提交的请愿书中说，当他拒绝在她18岁时娶她，她提起了诉讼。

“If you want to marry we can help you. If not, you lose your job and go to jail. You seduced the girl, raped her,” Chief Justice of India S.A. Bobde reportedly told Chavan’s lawyer, who said that his client could lose his job.

“如果你想结婚，我们可以帮助你。否则，你就会丢掉工作，进监狱。你引诱了那个女孩，强奸了她，”据报道，这位印度首席大法官对Chavan的律师说。后者说，他的当事人可能会丢掉工作。

An exchange then ensued where CJI Bobde asked Chavan, “Will you marry her?”

之后首席大法官Bobde问Chavan：“你会和她结婚吗？”

The Chief Justice also said, “You should have thought before seducing and raping the young girl. You knew you are a government servant.”

这位首席大法官还说：“在引诱和强奸这个年轻女孩之前，你应该考虑一下。你知道你是一名公务员。”

And also, “We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry her.”

还有，“我们不是强迫你娶她。如果你愿意，请告诉我们。不然你就会说我们逼你娶她了。”

The accused later reportedly told the apex court that he cannot as he is already married. “Initially I wanted to marry her. But she refused. Now I cannot as I am already married,” NDTV quoted her as having said.

据报道，被告后来告诉最高法院，他不能这样做，因为他已经结婚了。“一开始我想娶她。但她拒绝了。现在不行了，因为我已经结婚了。”新德里电视台援引她的话说。

When Chavan stressed that he is a government servant who faces automatic suspension if charges are frxd against him, the apex court said, “That’s why we have given you this indulgence. We will stay the arrest for four weeks. Then you apply for regular bail.”

当Chavan强调“他是一名公务员，如果遭到诬陷，他将面临自动停职”时，最高法院说：“这就是我们给你这个宽限的原因。我们会将逮捕推迟四周。然后你再申请定期保释。”

Chavan had earlier been granted protection from arrest by a trial court but that had been quashed by the high court.

Chavan早些时候曾被初审法院批准免于逮捕，但后来被高等法院撤销。

Indian courts’ acceptance of marriage as a suitable resolution of rape cases has been commented upon and criticised by several legal experts and activists.

对于印度法院接受将结婚作为合适的解决强奸案件的方式，一些法律专家和活动人士提出了评论和批评。
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“Women’s groups and advocates and child rights activists in India generally converge on the point that marrying the survivor is a time tested ploy by rapists to escape conviction or the prolonged sentence. This tactic takes advantage of cultural issues around rape, where raped women are, to this day, looked upon as jinda lash – living dead,” Albertina Almeida had noted in an analysis for The Wire.

“印度的妇女团体、倡导人士和儿童权利活动人士普遍认为，与受害者结婚，是强奸犯为了逃避定罪或刑期加长，而采取的策略，而且长期以来这一策略很管用。这种策略利用了围绕强奸的文化问题，直到今天，遭到强奸的妇女都被视为jinda lash，即活死人，”阿尔贝蒂娜·阿尔梅达在《Wire》发表的一份分析中指出。
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NDTV itself cites the example of a rape accused from Punjab whom the Supreme Court allowed to walk free provided he married the victim.

NDTV自己也引用了旁遮普邦一名强奸被告的例子，最高法院允许他无罪释放，条件是他娶受害者。

In a 2013 case (Shimbhu & Anr vs State Of Haryana), however, the Supreme Court itself had come down heavily against the practice.

然而，在2013年的一个案件(哈里亚纳邦的Shimbhu & Anr案)中，最高法院本身曾强烈反对这种做法。

“…[R]eligion, race, caste, economic or social status of the accused or victim or the long pendency of the criminal trial or offer of the rapist to marry the victim or the victim is married and settled in life cannot be construed as special factors for reducing the sentence prescribed by the statute. The power under the proviso should not be used indiscriminately in a routine, casual and cavalier manner for the reason that an exception clause requires strict interpretation,” the court had said.

“……嫌犯或受害人的宗教、种族、种姓、经济或社会地位、刑事审判的长期未决、强奸犯提出与受害者结婚、或受害人已结婚并定居，都不能被解释为规约规定的减刑的特殊因素。由于例外条款需要严格解释，因此不应以常规、随意和漫不经心的方式不加区别地使用附带条款下的权力，”该法庭说。