A 16 year old girl’s mother noticed body changes in her daughter and found that she was pregnant. Later, the accused was identified by the family, following which the mother lodged an FIR against the man for sexual assault. The accused was arrested on 23rd October 2020. The accused was an acquaintance of the girl's father. Both had hidden their relationship. When the minor girl told the accused about her pregnancy, he threatened her. 

The case was heard in a special Protection of Children from Sexual Offences (POCSO) Act court in Mumbai where the 25 year old accused applied for bail. He said that he accepted to marry the girl. After hearing the arguments from both sides the court said, “It cannot be said the first marriage of the accused was not within their knowledge. As it is submitted that the 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. There is no need to keep the accused behind bars. The minor girl's mother, who had initially lodged an FIR, too supported his release, as he had agreed to marry her daughter. 

However, the police opposed the bail saying that there was no evidence to show that the man's first wife had consented to his second marriage. They alleged that the minor was unable to understand the consequences. The advocate of the accused, told the court that he was allowed to marry more than once in the community he belonged to. The court granted bail to him as he had agreed to marry the girl. 

Tags

• Rape
• Victim
• Accused
• Marriage
• POCSO
• Act

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