Married man rapes and impregnates a minor | Courtroom grants him bail after he guarantees to marry her
Illustrative Picture. Source: Unsplash
In a very rare incident, a Court in Mumbai granted bail to a married accused who allegedly raped a 16-year-old girl and consequently impregnated her. He was charged under POCSO Act.
He was given bail after he promised, that he would marry her, once she turns out to be major.
The mother of the victim in her affidavit has supported the plea of the accused and requested to release the accused.
It cannot be said that the first marriage of the accused was not within their knowledge. As it is submitted that the prosecutrix (minor) intends to marry him and the accused is also willing to marry her once she turns 18 and that the matter is arising out of the affair and it is the case of a consensual relationship, to me, there is no need to keep the accused behind bars.
Counsel on the behalf of accused submitted, that, the accused can remarry. He contended that, his community has no restriction, when it comes to second marriage.
It is pertinent to note that, it was the mother of this victim only, who filed the FIR against the accused.
Earlier, accused filed for Bail, where is application was rejected. After this recent development, he filed for Bail application for the second time.
After the statement of Mother was recorded, Court concluded, that it was not rape but a ‘consensual relationship’.
Accused in this case is having acquaintance with the girl’s father. Girl kept her pregnancy a secret, as accused allegedly threatened her for to keep it as such.
Police however, opposed this bail plea. According to the Police, there is lack of evidence, which directs the existence of ‘consensual relationship’.
Court held that, after the investigation got over and charge-sheet being filed, there is nothing in there, to reject this bail application.
Source : Here