Marry victim: HC directs POCSO accused

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has directed a Protection of Children from Sexual Offences (POCSO) accused to marry the victim immediately after she turns a major.

While granting bail to the 22-year-old accused student, the HC bench of Rajendra Badamikar said, “The petitioner shall marry the victim immediately after she attains the age of majority, which shall be registered and the Certificate of Registration shall be produced before the trial court.”

The accused, from Ramanagara, was arrested after a complaint by the victim’s father with the Ramanagara Women’s Police Station. He was booked under Section 376(2)(i) (rape) of the Indian Penal Code and Section 5(p) (k) and (j) and Section 6 of the POCSO Act. The victim is a 17-year-old student related to the accused.

They met at a family function and “started to share their liking for each other.” Earlier this year, in April, the accused allegedly called her home as he was alone, and the two had “physical contact with each other with the hope that they were going to marry in the future.”

The girl became pregnant, and a complaint was filed. During the hearing of the petition before the HC, the victim’s father was also present. The court noted, “Further, the father of the victim is also present before the court and he submits that the matter has now come to the knowledge of his relatives and, hence, he had no option except to marry the victim with the petitioner.”

The government’s advocate submitted that the condition of marriage “has to be imposed so that such condition could compel them to marry each other.” The HC noted that the victim in her statement had admitted to a relationship with the accused.

Since she was a minor, despite her voluntary physical relationship, “her consent in this regard to the physical relationship becomes irrelevant.” But at 17 years of age, “as such, she is capable of knowing and understanding what is right and wrong.” The accused also submitted that he would marry the victim as soon as she attains the age of maturity.

Considering that the investigation was already complete, bail was granted to the accused. However, the HC made sure that the condition of marriage was written into the judgement.