“Accused who raped minor in POCSO case granted interim bail to marry her.”: Allahabad High Court.
May 2, 2024 2024-07-05 10:10“Accused who raped minor in POCSO case granted interim bail to marry her.”: Allahabad High Court.
“Accused who raped minor in POCSO case granted interim bail to marry her.”: Allahabad High Court.
By Jeevak Mukherjee
The Allahabad High Court granted interim release to an accused involved in a case under the Protection of Children from Sexual Offences Act (POCSO Act) in order to facilitate his marriage to the complainant, despite concerns from the State regarding the girl’s age, claiming that she was only 17 years old. The accused, held in detention since January in a rape case in Pratapgarh district, professed innocence and cited a consensual connection. The complainant, supporting the accused’s claim in her statement before the trial court, declared her intention to marry him. A Bench of Justice Rajesh Singh Chauhan specified that the accused would be released till July 3, under the condition that he marries the complainant. The Court ordered, “Immediately after release from jail the applicant shall get married with the prosecutrix within a period of 15 days from the date of release.” The decision was taken after both the accused and the complainant admitted being in a relationship. The accused contended that the case was filed by the victim’s family owing to religious disagreements. Notably, the complainant had previously given birth to a kid, who was now over a month old. The Court required that the marriage must occur within 15 days after his release, with registration to follow within the same timeframe. Furthermore, the Court directed the Registrar of Marriage to swiftly register the marriage upon completion of all requisite formalities. The production of the marriage certificate by both parties was mandated on the next court appearance, scheduled for July 3. “The applicant and prosecutrix shall produce such marriage certificate before the Court on the next fixed date, i.e. 03.07.2024,” the court declared. The victim’s relatives may file a complaint, and the court stressed that any infraction of the bail terms would result in its automatic revocation and possible consequences.
Case Title: X v. State of U.P. & Ors, Allahabad High Court
Citation: Bail Application No. 3502 of 2024
