Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.

Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of the country, wherein people due to poverty usually get their daughters married off at a young age.

The judge noted that the father of the victim in the instant case, explained the reason for their decision to fix the marriage of the minor daughter with the appellant, who later on established sexual relations with her on the ground that they were to soon marry.

The father in his explanation before the court, said that his wife was suffering from heart ailment and he too was suffering from brain disease and that they apprehend their untimely deaths, so to protect their daughter's future life, they fixed the marriage, even when the daughter was 14-year-old.

"The parents have decided to see the betterment of the victim girl in their lifetime. Unfortunately, his wife has recently died of the heart disease. They wanted to protect a daughter from the ill-eyes of the society. In those compelling circumstances, they decided the marriage of the applicant and victim. This may be a genuine ground and touching the societal structure of our country. The poverty is the biggest issue of our country," Justice Mehare observed in the order passed on October 22.

The reasons for deciding the marriage appears probable and with a good intent, the bench underscored.

The bench was dealing with a bail application filed by a man, who was booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 and the stringent Protection Of Children from Sexual Offences (POCSO) Act.

According to the prosecution case, the girl and the applicant were cousins and their families had decided to get them married. However, prior to their marriage, the applicant and the girl established physical relationship resulting in her becoming pregnant. She was referred to the Ghati hospital in Aurangabad and a case was subsequently lodged since the girl was minor.

However, considering the 'compelling circumstances' the bench granted bail to the applicant on a surety of Rs 50,000.

"Even though the crime is registered, the applicant is ready to marry the victim after attaining her majority. These compelling circumstances needs to be considered. Hence, the applicant may be released on bail,"Justice Mehare said.

Appearance:

Advocate Vijay Wakale appeared for the Applicant.

Additional Public Prosecutor AS Shinde represented the State.

Advocate NS More represented the Victim.

Case Title: Satish Kakade vs State of Maharashtra (Bail Application 1851 of 2024)

Citation: 2024 LiveLaw (Bom) 592

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