Bombay HC Grants Bail to Man Who Married Victim After Convicted by POCSO Court of Rape

The Bombay High Court recently granted bail to a man who was convicted by a POCSO court after he married the victim and they have a child together.

The application filed by the convict seeking enlargement of bail was heard by a single judge bench of Justice Bharathi Dangre.

The Special POCSO court had initially sentenced the man to 20 years of rigorous imprisonment and imposed a fine of Rs 10,000 for raping a 15-year-old girl.

The man had also filed an appeal with the high court challenging the Special Court’s verdict.

The complainant in the case was the father of the 15-year-old victim. The girl had later revealed about the rape to her father after becoming pregnant.

Initially, she had mentioned the name of her friend to her father, but later, before the Child Welfare Committee, she revealed the name of the applicant whose bail was being heard by the high court.

Subsequent to a DNA test, it was determined that the applicant was indeed the child’s father, leading to his trial.

In his bail application filed to the high court, the applicant stated that the victim’s parents had proposed for a marriage with their daughter in November 2022.

After the applicant agreed to the proposal, they proceeded with the marriage, and had a child later.

The victim, who was physically present in the high court, herself confirmed that the marriage had taken place on November 20, 2022.

In view of this, the high court deemed it appropriate to suspend the sentence and granted bail to the man.

“In the wake of aforesaid, since now the marriage is solemnised between the victim and the Appellant, though he may take consequences of the sentence imposed upon him vide impugned judgment, I find it harsh to deny him suspension of sentence, taking into account that the child is born out of the wedlock, as on attaining majority the marriage was performed while he was on bail during the trial,” the court noted.

The high court’s order also noted that if the applicant fails to discharge his duties as a husband and a father, the victim has the option to approach the high court for the cancellation of his bail.