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SC raps lawyer for using ‘consensual relationship’ in bail plea of client booked for minor’s rape

The bench wanted to set the fact straight with the lawyer that consent was immaterial if the survivor was a minor

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A lawyer on Thursday got an earful from the Supreme Court for repeatedly writing “consensual relationship” in a bail plea of his client, who is accused of a minor girl’s rape.

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Justice Surya Kant said, “We got mentally sick after reading the petition. At least 20 times you have written ‘consensual relationship’ in the SLP (special leave petition). What is the age of the girl? You yourself say in the petition that she was a minor.”

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The bench wanted to set the fact straight with the lawyer that consent was immaterial if the survivor was a minor.

“Every paragraph you have written ‘consensual relationship’. What do you mean by consensual relationship? You do not know the ABCD of law … why are you filing SLP,” hit out Justice Kant, who was on the bench with Justice N Kotiswar Singh.

“Are you an AoR (advocate-on-record)?” the bench asked.

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AoRs are lawyers authorised to file cases and pleadings in the Supreme Court. The top court conducts AoR examinations for the lawyers.

“How are these people qualifying (for the AoR)? You don’t know the basic law… 20 times you have said ‘consensual relationship’ …Tomorrow you will say there was a consensual relationship with an 8-month-old child,” it added.

The lawyer apologised to the bench, which later issued notices to police and others on the bail plea.

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