POCSO accused is granted bail under the condition that he marry the victim and recognize their child as his daughter: Allahabad High Court

In the case of Monu v. State of U.P. Thru. Prin. Secy. Home Lko. And 3 Others (CRIMINAL MISC. BAIL APPLICATION NO. – 10567 of 2022), POCSO accused of raping a young woman (17 years old) with whom he reportedly eloped was recently granted bail by the Allahabad High Court on the condition that he marry her within one month and award her and his child all of his rights as wife and daughter.

Facts: According to the claims that the prosecutrix was lured away by the accused-applicant in March 2022 when she was just 17 years old, the accused was charged under Sections 363, 366, and 376 of the IPC and 3/4 of the POCSO Act. The girl later gave birth to a daughter. The prosecutrix and her father stated before the court that they had no objections if the accused applicant was granted bail as long as he performed their marriage in accordance with Hindu rites and rituals, had it registered, and further granted the prosecutrix and the child all of his rights as his wife and daughter. In addition, the defence attorney claimed that the applicant-accused is prepared and eager to wed the prosecutrix because they already eloped to execute the ceremony because they were so in love. He further stated that as soon as the victim was released from prison, he would marry her.

Judgement: The court decided that it was appropriate to grant the accused applicant bail after taking into account the prosecutrix’s and her father’s positions, as well as the fact that the prosecutrix has already given birth to a child from the applicant who has been imprisoned since April 10,2022. The condition of the bail, however, is that after he is released from jail on bail, he must marry the prosecutrix within 15 days of his release and have the marriage registered before the appropriate officer within a month of the date of the marriage. He must also give the prosecutrix and his child all of his rights as wife and daughter.

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