The Bombay High Court has granted bail to a man accused of performing a Nikah with a minor girl and allegedly committing penetrative sexual assault. The man had been in custody for a year, facing charges under the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the Prohibition of Child Marriage Act.
The accused argued that it was an arranged marriage wherein the records showed the girl’s age as 18 years. He claimed that her mother’s statement, identifying her as a minor, was the basis for the charges. He further contended that the FIR was lodged amid a marital dispute, only after the victim approached authorities under the Protection of Women from Domestic Violence Act, 2005. He also informed the court that a child was born from the marriage in 2021.
The Public Prosecutor opposed the bail plea, stating that the Kazi officiating the Nikah failed to verify the girl’s age, which was crucial information for the marriage. This oversight led to the incorrect recording of facts, and the available evidence substantiated the charges against the accused, the prosecution said.
Justice Manish Pitale observed that a prima facie case was made in favour of the applicant. The court noted that while the applicant could have been more diligent in confirming the girl’s age, it appeared that he relied on representations indicating she was of legal age.
Granting bail, the court reasoned that continued judicial custody would not serve any purpose since the charges were yet to be framed, and the trial could take a long time. The court emphasized that there were no allegations of forcible sexual assault in this case, and the situation arose from matrimonial discord rather than a clear act of criminal intent.
The court has directed his remorse in furnishing a personal surety of Rs25,000.
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