New Delhi: The Supreme Court Friday said that 'Arya Samaj' has no business to issue marriage certificates and rejected a bail plea of an accused booked for kidnap and rape of a minor girl. A vacation bench of Justices Ajay Rastogi and BV Nagarathna rejected the submission of the counsel for the accused that the girl is a major and they have married in an 'Arya Samaj' temple and a marriage certificate is on record. The bench said, "Arya Samaj has no business to issue a marriage certificate. This is the work of authorities". Advocate Rishi Matoliya appeared for the complainant girl on a caveat and said the prosecutrix in her statement recorded under section 164 of CrPC has levelled specific allegations of rape against the accused.
The bench then dismissed the plea of the accused. On May 5, 2022, the Rajasthan High Court had dismissed the bail application of the accused who was arrested in connection with the FIR lodged at Police Station Padukalan, Nagaur for the offence punishable under Sections 363, 366A, 384, 376(2)(n), 384 IPC and Section 5(L)/6 of POCSO Act. Counsel for the accused before the High Court had contended that the FIR has been lodged with a delay of one and half years and the said delay in lodging the FIR has not at all been explained by the complainant. He had further submitted that the prosecutrix is a major girl and marriage between the accused and the prosecutrix has already taken place at 'Arya Samaj' temple and the marriage certificate is also available on record.