The Karnataka High Court has recently granted 15-day interim bail to a POCSO rape accused to facilitate his marriage with the victim, who has since turned major and given birth to their child.
Justice M Nagaprasanna, presiding over a single-judge bench, issued the order stating, “The petitioner shall be released on grant of interim bail which will be operational from 17-06-2024 up to 03-07-2024. The petitioner shall return to the goal on the evening of 3rd July, 2024. The Certificate of evidence of marriage shall be placed before the Court on the next date of hearing.”
The accused, aged 23, faces charges under Section 376(2)(n) of the IPC and Sections 5(L), 5(J)(II), and 6 of the POCSO Act, 2012. He had approached the court seeking to quash the proceedings against him.
According to the complaint filed by the victim’s mother, the accused and her daughter were in a relationship while studying at Shree Kanteshwara School. The incident in question allegedly occurred on 15-02-2023, when the accused took the victim to an isolated place on a bike and sexually assaulted her. At the time, the victim was 16 years and 9 months old. Following an investigation, the police filed a charge sheet, and the accused has been in judicial custody since then.
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It was later revealed that the victim had given birth to a child as a result of the incident. During the proceedings, arguments were made by both the petitioner’s and respondent’s counsel that the accused and the victim were in love, but their relationship was obstructed by their parents. The parties sought closure of the case through marriage, aiming to prevent further distress to the victim and her child.
Upon reviewing the case records, the bench noted, “The victim is now aged 18 years, and therefore, marriage is seen as a necessary solution by the families in the peculiar facts of the case.” The court also reviewed a DNA report confirming the biological relationship between the accused and the child.
“In the peculiar circumstances, considering the responsibility of the mother in raising the child at this tender age, and to protect the child from any future repercussions, the court deemed it appropriate to grant interim bail to facilitate the marriage,” the bench further explained.
The court emphasized that the decision was made to safeguard the interests of the child and ensure the mother’s ability to care for them without stigma. “The newborn does not know what has happened. It should not suffer any ignominy in the future,” the court stated, underscoring the compassionate grounds for its decision.
This directive by the Karnataka High Court reflects a nuanced approach in addressing sensitive legal and social issues surrounding cases under the POCSO Act, aiming to balance justice with the welfare of the victim and her child.
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