Court Grants Bail to Rape Accused on Promise to Marry the Victim as She attains Majority

On 29th October 2020, the Madurai Bench of the Madras High Court granted bail to a man who was accused of impregnating a seventeen-year-old girl after he stated that he would marry the victim as she attains majority.

The condition for granting bail to the petitioner was that he would marry the victim on or before 30/10/2021 and submit the Marriage Registration Certificate before the respondent police.

Hon’ble Court clarified that if the petitioner fails to marry the victim, then the police can proceed against the petitioner as per law.

Background of the case:-

As per the prosecution, the petitioner fell in love with the victim and had sexual relations with her as well due to which the victim became pregnant. Hence, a complaint against the petitioner was made.

Contentions raised before the Court:-

Learned counsel for the petitioner stated that the petitioner and the victim were closely related and had fallen in love with each other, and the petitioner was ready to marry the victim.

It was further stated that the petitioner has been languishing in jail for more than fifty days and he should be granted bail.

Learned government advocate opposed the request for bail and submitted that the petitioner took advantage of a close relative(victim) and impregnated her.

Court Grants Bail to Rape Accused on Promise to Marry the Victim as She attains Majority

The Court took note of the statement of the victim wherein she had stated that she was in love with the petitioner and also had physical relations with him due to which she became pregnant.

After considering the facts of the case, statement of the victim and the period of incarceration of the petitioner, and the petitioner’s willingness to marry the victim, the Court granted bail to the petitioner on following conditions:-

  • The victim and her parents will have to file an affidavit before the Special Court for POCSO, Thoothukudi to express their consent for marriage.
  • On receipt of the affidavit, the petitioner will execute a bond of Rs 10000 with two sureties each for a sum approved by the Special POCSO Court, Thoothukudi.
  • If the petitioner does not follow the aforementioned conditions, the Trial Court can take appropriate action against him.

Hon’ble Court also clarified that in case the petitioner absconds, fresh FIR can be registered against him.

Case Details:-

Title: Arun Kumar vs The State

Case No. CRL OP(MD). No.11883 of 2020

Date of Order:29.10.2020

Coram: Hon’ble.Justice G.K.ILANTHIRAIYAN 

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