In an unusual judgment, the Allahabad High Court has granted interim bail to a man accused under the Protection of Children from Sexual Offences Act (POCSO Act), contingent on his agreement to marry the victim under the Special Marriage Act (SMA).
The ruling came after the alleged victim, a Muslim woman, affirmed in court that she was an adult, had already married the accused in a temple, and wished to live with him. Justice Rajesh Singh Chauhan, while considering the circumstances, emphasized that securing the woman’s future warranted formalizing their union under the SMA.
“To protect the prosecutrix’s life for the future, the applicant may marry her under the Special Marriage Act. Interim bail is granted for four months to facilitate this process,” the court stated after hearing both parties.
The accused had been arrested in July following a complaint from the victim’s father. He faced charges of statutory rape and other offences under the POCSO Act and Indian Penal Code. Representing the accused, his counsel argued that the two were in a consensual relationship and had already married. However, objections from the woman’s family reportedly escalated the matter.
The woman, present in court, confirmed her desire to live with the accused and claimed to have married him both in a temple and in court, although she could not produce evidence of the latter. She revealed she was staying at a shelter home due to her family’s disapproval of the interfaith relationship.
The father, present during the proceedings, stated he would sever ties with his daughter if she chose to continue the relationship, while the state counsel expressed no objection to their marriage if the woman had reached the legal age and consented.
Granting interim bail, the court imposed conditions:
- The accused must apply for custody of the woman promptly after his release.
- He must initiate and complete marriage registration under the SMA with the victim.
- Both parties must appear at the next hearing with evidence of their marriage and registration.
- The accused is required to cooperate with the trial and refrain from misusing his bail.
The interim bail, valid until April 2025, underscores the court’s focus on balancing legal obligations with safeguarding the victim’s future.
