Read Time: 06 minutes
The court noted that “The victim is now aged 18 years, and marriage is seen as the necessary solution by both families given the unique circumstances”
The Karnataka High Court has granted a 15-day interim bail to a POCSO rape accused to facilitate his marriage to the victim, who has recently turned 18 and given birth to their child.
The decision was made by Justice M Nagaprasanna, emphasising the decision was made due to the specific facts and circumstances, prioritising the welfare of the child and the mother. The court stated "The newborn should not suffer any future ignominy. Protecting the child's interests and supporting the mother's responsibilities necessitates this direction.”
The 23-year-old accused faced charges under Section 376 (2)(n) of the Indian Penal Code (IPC) and Sections 5(L), 5(J)(II), and 6 of the Prevention of Children from Sexual Offences (POCSO) Act, 2012. The accused, in his plea, sought the court’s intervention to quash the entire proceedings against him.
According to the complaint lodged by the victim's mother, her daughter and the accused/ petitioner were romantically involved while studying at the same school. On February 15, 2023, the accused allegedly took the 16-year-old to an isolated location and sexually assaulted her. Following an investigation, the police filed charges, and the accused has been in judicial custody since.
The victim later gave birth to a child. The counsels representing both the parties, argued that the couple was in love but faced opposition from the victim's parents. It was contended that the petitioner wished to marry the victim to provide stability for her and their child, now a year old, and sought to resolve the legal proceedings through this marriage.
Reviewing the case, the court noted, “The victim is now aged 18 years, and marriage is seen as the necessary solution by both families given the unique circumstances. A DNA report confirms that the petitioner is the biological father, and the victim is the biological mother of the child.”
“In the peculiar circumstances, as the mother has to bring up the child at this tender age, looking at the fate of the mother and the child who are in dire straits, I deem it appropriate to redeem the grievance of the families by permitting the petitioner to get married to the victim, who is now more than 18 years old and for the purpose of the said marriage,” the court further remarked.
Conclusively, the court stated “Given the mother’s need to care for the child, and considering the dire straits they are in, it is appropriate to permit the petitioner to marry the victim. This court grants interim bail to the petitioner under Section 482 of the Cr.P.C. to enable the marriage.”
In addition, the court imposed the following conditions:
The matter is scheduled for July 4, 2024 for next hearing.
Cause Title: ABC vs. State of Karnataka & ANR [CRL.P 4658/2024]
Please Login or Register
