Marry Girlfriend You Abandoned Within A Year: Bombay High Court's Bail Condition For Rape Accused

Justice Bharti Dangre observed that the prosecutrix and accused were in a consensual relationship, and the man refused to marry her when she was six months pregnant.

The accused submitted that he and his family members were ready to solemnize the marriage and accept the paternity of the child. However, the court was told, the prosecutrix is now untraceable as she was charged with abandoning the child.

"In the above circumstances, I deem it appropriate to release the applicant on bail subject to compliance that if the victim girl is traced within a short while and say in a period of one year, he shall solemnize marriage with her, but he shall not be bound by the statement beyond one year," Justice Dangre held.

According to the charge sheet, the prosecutrix and the accused were neighbours and were in a consensual relationship with the knowledge of their family members. They had physical relations 5-6 times after which she found out that she was six months pregnant.

It was the case of the prosecutrix that the accused had assured her of marriage. However, once she told him of the pregnancy, he refused to marry her.

The prosecutrix gave birth to a girl on January 27, 2020, and three days later left the child in front of a premises with large walls and a watchman, knowing that the watchman will take the child in his custody.

An FIR against the accused was registered and he was charged under Sections 376 (punishment for rape), 366 (Kidnapping, abducting or inducing woman to compel her marriage) and 420 (cheating) of the Indian Penal Code.

In his bail application, the accused submitted that the FIR was lodged based on the statement of the prosecutrix when she was arrested for abandoning the child.

The police registered the case against the accused without application of mind even though the prosecutrix did not want to lodge complaint against the accused, the application stated.

The court noted that accused in his affidavit has stated that he is ready to marry the victim and accept the paternity of the child. His parents have corroborated his statement. However, the child has been already given in adoption since the mother is untraceable, the court was informed by APP Rutuja Ambedkar.

The court further observed that the victim is untraceable despite the efforts of the investigating officer. This might be because of the criminal case registered against her for abandoning the child, the court said.

The court directed that the accused can be released on bail on the condition that if the prosecutrix is traced within a year, he will marry her. However this condition won't be applicable beyond a year.

Case no. – Bail Application No. 3680 of 2021

Case title - ABC v. State of Maharashtra

Citation: 2022 LiveLaw (Bom) 393