Allahabad High Court Grants Bail To Man Accused Of Raping 'Minor' On Condition Of Marrying Her

A bench of Justice Krishan Pahal also directed him to deposit (in the form of FD) a sum of Rs.2,00,000/—in the name of the newborn baby, a girl, until she attains the age of majority. He has to comply with this condition within six months of his release.

The accused, booked under Sections 376, 506 IPC and 5(J)(II)/6 of the POCSO Act, has been accused of establishing a corporeal relationship with the victim on the false promise of marriage.

The victim got impregnated out of the said relationship, and after that, the applicant-accused allegedly refused to comply with the said promise of marriage and even threatened her.

Seeking bail in the case, he moved the HC, wherein his counsel argued that he was innocent and had been falsely implicated in the present case to cause unnecessary harassment and to victimise him.

It was also contended that the victim is a major, and as per the ossification test report, her age has come out to be 18 years and in her Section 164 CrPC Statement, she categorically stated that no force was used against her.

Lastly, it was also submitted that the applicant-accused is ready to take care of the victim herein and marry her and that he was ready to take care of the offspring, a baby girl, born out of the said relationship.

After hearing the rival arguments, the court opined that such cases required a nuanced approach and careful judicial consideration to ensure that justice was served appropriately.

“The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships,” the Court added as it granted bail to the accused.