Married Man Offers to Marry Minor Mumbai Girl, Impregnates Her, Gets Bail

MUMBAI: A 25-year-old man who was arrested for raping and impregnating a 16-year-old girl was granted bail by a special Protection of Children from Sexual Offences (POCSO) Act court in Mumbai on January 27th after he told the court that he was willing to marry the minor.

The court granted him bail after finding the relationship was "consensual" and the accused was willing to marry the minor. The minor's mother who had initially lodged an FIR, submitted an affidavit in court supporting his release and said she wanted the accused to marry her as she had given birth to their daughter.

The court said, "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."

Seeking the accused's release, his lawyer submitted that in the accused's community he was allowed to marry more than once.

The prosecution opposed the bail plea and said there was no evidence to show his first wife had consented to his second marriage. The prosecution further submitted that the accused tricked the minor who was unable to understand the consequences and now he wanted to take unjustified advantage of the situation by offering to marry her. The prosecution pointed out that an earlier attempt by the accused to seek bail was rejected by the court.

The case of prosecution is that the accused was known to the minor as her father and he were acquaintances. It was alleged that the accused promised to marry the girl and under that pretext he established intimate relationship with her. The relationship resulted in the minor's pregnancy which she kept hidden. The prosecution further said the minor's mother suspected that she was pregnant after seeing the minor's growing belly. Her pregnancy had advance by that time. It was alleged that when the girl told the accused about her pregnancy, he threatened her not to reveal his identity as the unborn baby's father. The prosecution said that the girl disclosed the name of another boy to her mother as the father of the child.

During the family's investigations, the accused was identified as the father. The family lodged an FIR and the accused was arrested on October 23.

The court said that with the investigations over and chargesheet being filed, there was "nothing" to reject his bail application.

Also Read: Union Budget 2021: Twitter Erupts with Reactions Post Budget 2021 Announcement

Also Watch: Assam Celebrated the Ahom Festival Me-Dam-Me-Phi