'15-16 years is not the age to enter into marriage, cannot be approved': Allahabad High Court in bail plea of man accused of raping minor

The Allahabad High Court recently observed that when a certain age has been prescribed by the statute to get married and live accordingly, any such act which has been committed prior to such age can not be approved. 

The bench of Justice Rajesh Singh Chauhan said, "The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage."

The court was dealing with a bail application moved by one Suraj, who was accused of establishing physical relations on the promise of marriage to a girl aged around 15 years and one month. He is in jail since January this year.

Pressing accused's bail, his counsel submitted before the court that the instant case was a case of love affair and their relation was consensual. He said that even as per the prosecution story so narrated in the First Information Report (FIR), the girl had willingly gone with the accused to Ludhiyana where they established physical relations.

He further informed the court that the couple got married without informing their family members and subsequently, the girl conceived and gave birth to a male child. He told that presently the girl is living with the family members of the accused and she does not want to go to the place of her parents.

Moreover, he drew court's attention to the counter affidavit of the father of the girl wherein it was stated that his daughter is happily living with the family members of the accused and contended that since the girl is not supporting the prosecution version, the accused should be released on bail.

However, the state counsel opposed the bail plea. He argued that since the age of the girl, at the point of the incident, was around 15 years and one month, therefore, her such consent is meaningless in the eyes of law and the accused should not be released on bail.

Hearing the submissions, at the outset, Court observed, "I am pained to notice this fact that children of tender age who have not attained the age of majority are indulging in such type of relations which may not be said to be a proper relation."

However, pointing out that in the peculiar facts and circumstances of the present case wherein the accused and the girl not only got married but they are having a son together, Court said that this is the responsibility of the couple to look after his child properly.

Therefore, with an opinion that if the accused is not released from jail, there might be a possibility that his minor wife with his son might not be taken care of properly by his parents, Court allowed the bail plea. 

Court, though, clarified that this bail order may not be cited in any other case as a precedence inasmuch as considering the peculiar facts and circumstances of the present case the bail application is being allowed.

Case Title: Suraj v. State Of U.P. and Ors.