Bombay High Court grants bail to man for impregnating 14-year-old fiancee, says their marriage was done with ‘good intentions’

Noting that ‘poverty is the biggest problem in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man arrested for raping his minor fiancée on the grounds that they were getting married soon because their families had decided to get them married. .

Single judge Judge Sanjay Mehare noted that the present case was a “real” case because it touched on the “social structure” of the country, where people usually marry off their daughters at a young age due to poverty.

The judge noted that in the present case, the victim’s father explained the reason for their decision to arrange the marriage of the minor daughter to the appellant, who later entered into sexual relations with her on the grounds that they would soon get married .

The father said in his statement before the court that his wife was suffering from heart disease and he was also suffering from brain disease and they were watching their untimely deaths. To protect the future life of their daughter, they put the marriage in order even when the daughter was 14 years old.

“The parents decided to see the improvement of the victim girl during their lifetime. Unfortunately, his wife recently died of heart disease. They wanted to protect a daughter from the evil eyes of society. In those compelling circumstances, they decided to marriage of the applicant and the victim. This can be a real ground and affects the social structure of our country. Poverty is the biggest problem of our country. Justice Mehare observed in the order passed on October 22.

The reasons for deciding to marry seem likely and with good intentions, the bank underlines.

The court was hearing a bail application filed by a man, who was booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 and the stringent Protection of Children from Sexual Offenses (POCSO) Act.

According to the prosecutor, the girl and the applicant were cousins ​​and their families had decided to get them married. However, prior to their marriage, the applicant and the girl had developed a physical relationship, as a result of which she became pregnant. She was referred to Ghati Hospital in Aurangabad and a case was subsequently filed as the girl was a minor.

However, considering the ‘compelling circumstances’, the court granted bail to the applicant against a surety of Rs 50,000.

“Even though the crime has been registered, the applicant is willing to marry the victim after coming of age. These compelling circumstances must be taken into account. Therefore, the applicant can be released on bail.”Judge Mehare said.

Appearance:

Advocate Vijay Wakale appeared for the applicant.

Additional public prosecutor AS Shinde represented the state.

Lawyer NS More represented the victim.

Case Title: Satish Kakade vs. State of Maharashtra (Bail Application 1851 of 2024)

Click here to read/download the order