ALLAHABAD: The Allahabad High Court grants bail to a POCSO Accused of taking account of a child born out of wedlock of a minor accused and his minor wife. During a hearing, Court stressed that the life of a newborn child is at stake and she can’t be left to face the stigma during her life.
In this case, the accused and the victim had a love affair and both belong to the same village. Out of the fear of the Villagers, they both got married in May 2018, although the said marriage was not registered as both accused and minor are Minor.
Later, the accused left the victim in December 2018. The victim was found pregnant at that time she gave birth to a female child in December 2018. The Accused submitted that he is the father of the child and he is very much willing to keep his married wife and the newborn baby with him.
In view of this, noting that in such matters, the Court has to take a practical approach, the The Bench headed by Justice Krishan Pahal opined thus:
“Both the accused and the victim are of very young age and have barely attained the age of majority. A baby girl has been born out of their wedlock. Though, the marriage may not be described as per the law of the land, but the Court has to apply a pragmatic approach in such conditions and indeed both the families are required to act practically“
In view of this, the Court directed that the bail applicant-Ramshankar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the Condition that he shall deposit (fixed deposit) a sum of Rs.2,00,000/- in the name of new born child of the victim till her attaining the age of majority within a period of six months from the date of release from jail.
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