New Delhi: A man accused of impregnating a 15-year-old girl on the fake promise of marriage, has been granted bail by the Allahabad High Court on the ‘assurance that the applicant shall marry the victim within three months from his release from jail (accused)’, according to reports.
The ruling was given by the single-judge bench of Justice Krishan Pahal, according to The Print. The ruling also mentioned that the accused has to take care of the victim as well as the newborn.
The man, identified as Abhishek, has been accused of offences under Sections 376, 506 and 5(J)(II) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. These sections relate to punishment(s) for rape, criminal intimidation and impregnation of a female child as a consequence of sexual assault.
It had been alleged that the minor was impregnated as a result of the relationship, but the accused refused to marry her later. The accused even threatened the minor, the complainant alleged.
‘Challenge lies in distinguishing between genuine cases of exploitation….’
In its ruling from last month, the court cited its 2022 decision in Ramashankar vs. the State of U.P. The previous decision in another case had cited that both the accused and the victim were ‘of very young age and have barely attained the age of majority. A baby girl has been born out of their wedlock. Though the marriage may not be described as per the law of the land, the Court has to apply a pragmatic approach in such conditions and indeed both the families are required to act practically. A lot of water has flown down the Ganges. Now, it’s time to move ahead.’
In the present case, the court said the challenge lay in distinguishing between genuine cases of exploitation and those involving consensual relationships. “This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately,” the bench observed, as reported by The Print.
