A bail application was filed in a case under offences of Indian Penal Code (IPC), 1860 and Protection of Children from Sexual Offences (POCSO) Act, 2012.
As per the Complainant, his minor daughter was enticed away by the applicant from their village. After six months, the applicant/accused left the minor victim alone outside the village. It was found out that the victim was pregnant at that time and gave birth to a female child. The complaint was filed by the family of minor victim against the applicant and he was charged under Sec-363, Sec-366, Sec-504, Sec-506, Sec-376 of IPC and Sec-3 (Penetrative Sexual Assault), Sec-4 (Punishment for Penetrative Sexual Assault) of POCSO Act.
The learned counsel of the applicant submitted that the applicant was madly in love with the victim and because of fear of the villagers, he ran away along with the victim and married in a temple. The marriage was not registered. They also argued that the statement of victim under Sec-164 CR.P.C. was against the applicant but it was because of the fear of the family members. They further argued that the allegations against him are false and the applicant, who is a father of the new born child is ready to take up his responsibility.
Observation of the Court:
The court considered that the given case shattered the conscious of everyone and said that there is no fault of a new born child who came to the world under such circumstances. Court considered the radiological examination report and found that the age of victim at the time of commission of offence was above 18 years. Hence, she was major at the time incident happened.
Court considered the conservative and non-permissive customs of village, where the marriage in same village is not allowed. But court also considered the unregistered marriage for the sake of a new baby girl and asked both the families to act practically and move ahead. Court said that the life of a new born baby girl is at stake, who has no fault in this whole case.
While referring various judgements, court ordered to release the applicant on bail. Court also written down various conditions to which applicant has to be subjected and in case he failed or there is a breach of any of the conditions, the bail application will be cancelled on the same ground.
Vaishali Jain, Advocate & Associate – POSH at Work & Riddhima Khanna