POCSO case undertrial gets bail to wed victim

Mangalore Today News Network

Bengaluru, June 18, 2024: The Karnataka High Court granted 15-day interim bail to an undertrial prisoner in a Pocso case, enabling him to get married to the victim, who is now 18 years old.

The court directed the petitioner accused to mark his attendance once in a week before the police station and to place the certificate of evidence of marriage on July 4, the next date of hearing.

The petitioner challenged before the high court the proceedings initiated against him in a fast track court in Mysuru for offences under IPC sections 376 (2) (n) and sections 5(L), 5(J)(II) & 6 of the Protection of Children from Sexual Offices (Pocso) Act. The victim was 16 years and 9 months old in February 2023 when the alleged incident had happened. The victim and accused were classmates.

It was submitted that the victim bore the petitioner’s girl child, who is now a year old. The counsel for the parties said the families wish to get the two married.

The DNA report showed that the petitioner is the biological father and the victim is the biological mother of the child. Justice M Nagaprasanna noted that the victim is now 18 years old and it is appropriate to permit the petitioner to get married to the victim.

"This course is taken, owing to the peculiarity of the facts and circumstances of the case as the mother has to bring up the child. The new born life does not know what has happened. It should not suffer any ignominy in future. Therefore, to protect the interest of the child and also responsibility of the mother in bringing up the child, this direction is necessary," Justice Nagaprasanna said.