In a case that delves deep into the intersections of poverty, social customs, and legal boundaries, the Bombay High Court granted bail to a man accused of impregnating his minor fiancée. The Court acknowledged the profound societal pressures faced by the family, framing their decisions as products of “compelling circumstances” rather than malice.
The Aurangabad Bench, led by Justice SG Mehare, presided over the case. The accused, charged under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act (POCSO Act), faced allegations of a physical relationship with the minor girl, resulting in her pregnancy. The situation arose amidst plans for the cousins’ marriage—a decision the Court described as “plausible and well-intentioned.”
“Poverty is the biggest issue of our country,” Justice Mehare remarked, emphasizing the family’s struggle. The girl’s parents, grappling with severe health issues, sought to secure her future through marriage, fearing their own untimely deaths. Tragically, the mother passed away shortly before the bail hearing, further highlighting the family’s precarious position.
The Court noted, “They wanted to protect a daughter from the ill-eyes of the society. In those compelling circumstances, they decided the marriage. This may be a genuine ground, touching the societal structure of our country.”
Acknowledging the gravity of the allegations but also the unique hardships faced by the family, the Court allowed the man to be released on bail with strict conditions. A bond of ₹50,000 was set, alongside a prohibition on physical relations with the victim until they are legally wed.
This decision underscores the complex realities of poverty-stricken families navigating societal norms while under the shadow of legal scrutiny—a tale of survival amid systemic challenges.
