Bombay High Court Grants Bail to Man in Minor’s Rape Case, Citing Poverty and Family Intentions
Last Updated on November 19, 2024 by Athi Venkatesh
The Bombay High Court’s Aurangabad bench recently granted bail to a man accused under the Protection of Children from Sexual Offences (POCSO) Act for raping his minor fiancé. The decision, delivered by Justice Sanjay Mehare, considered poverty and familial circumstances as key factors. The court highlighted that, in certain socio-economic settings, families marry off daughters young, often due to financial hardship.
The case involved a 14-year-old girl who became pregnant after establishing a relationship with the accused, her cousin, as their families had already arranged their marriage. Her father explained to the court that he and his wife, both suffering from severe health issues, wanted to secure their daughter’s future in case of their early deaths. The judge noted that the father’s intention was genuine and aimed to protect his daughter from societal stigma, especially considering his wife’s recent passing.
Justice Mehare pointed out that such cases reflect India’s social structure, where poverty often influences family decisions on early marriage. He found the family’s intent reasonable, given their difficult circumstances. The judge emphasized that the man was willing to marry the girl upon her reaching legal age, underscoring a commitment to her welfare.
The prosecution had charged the man under the Bharatiya Nyaya Sanhita (BNS) and POCSO Act after the girl was admitted to a hospital due to her pregnancy. However, the bench recognized the family’s intentions, granting bail with a surety of Rs 50,000. Justice Mehare stated that, while a crime was registered, the situation called for leniency given the applicant’s readiness to marry the victim after she attains adulthood.
This judgment underscores the role of socio-economic challenges in shaping family choices and highlights judicial sensitivity towards poverty-driven decisions in India.
