In a significant decision balancing personal autonomy and legal compliance, the Allahabad High Court, Lucknow Bench, has granted interim bail to a man accused under the POCSO Act, subject to the condition that he marries the prosecutrix under the Special Marriage Act. The ruling was delivered by Justice Rajesh Singh Chauhan in Criminal Misc. Bail Application No. 11293 of 2024.
Case Background
The applicant has been in judicial custody since July 22, 2024, after being accused in Case Crime No. 67 of 2024 under Sections 363 (kidnapping), 366 (abduction to compel marriage), and 376 (rape) of the IPC, alongside Sections 3 and 4 of the POCSO Act. The case was filed at Kotwali Tanda Police Station, District Ambedkar Nagar.
The allegations stem from the applicant’s marriage to the prosecutrix, who claimed she married him willingly as per Hindu rituals. This interfaith marriage sparked objections from her family and led to the initiation of criminal proceedings.
Key Developments in the Courtroom
The applicant was represented by counsel, while the state was represented by the Government Advocate (G.A.). The court noted the prosecutrix’s statements, presented in a supplementary affidavit, asserting her voluntary marriage to the applicant and her desire to live with him. She currently resides in a government shelter home, Raj Balika Grih, Lucknow, citing familial resistance to her interfaith marriage.
Legal Issues
1. Prosecutrix’s Age:
While the prosecutrix insisted she is 18 years old, the Chief Medical Officer of Ambedkar Nagar reported her radiological age as between 16 and 17 years. The lack of educational records to corroborate her age added complexity to the case.
2. Validity of Interfaith Marriage Without Special Marriage Act Compliance:
The marriage was conducted as per Hindu rituals, which, according to the prosecution, does not fulfill legal requirements for interfaith unions. The government argued that such marriages must be solemnized under the Special Marriage Act.
Court’s Observations and Interim Bail Conditions
Acknowledging the prosecutrix’s autonomy, Justice Chauhan remarked that the law should protect individual choices while ensuring compliance with statutory provisions. In this context, the court granted interim bail for four months with the following conditions:
1. The applicant must marry the prosecutrix under the Special Marriage Act to ensure legal validity.
2. Post-marriage, the couple must register their union with the relevant authorities and provide proof to the court by April 2, 2025.
3. The prosecutrix’s custody will remain with Raj Balika Grih until the applicant fulfills these conditions.
4. The applicant must cooperate with trial proceedings and adhere to other bail conditions, such as furnishing a bond of Rs. 20,000 and two sureties.
The court emphasized, “The applicant is granted liberty to marry the prosecutrix under the Special Marriage Act to ensure her future rights and security.” It further directed the authorities to facilitate the prosecutrix’s safety until the bail conditions are met.
Statements from the Parties
The prosecutrix reiterated her consent to the marriage and expressed her willingness to live with the applicant. Her father, also present in court, stated that he had severed ties with her but did not object to her decision.
The defense highlighted that the prosecutrix’s statements and her willingness to proceed with the marriage negate the charges under the POCSO Act, given her claim of being an adult.
