In a notable judgment, the Karnataka High Court has granted interim bail to an accused under the Protection of Children from Sexual Offences (POCSO) Act, allowing him to marry the victim who had given birth to their child. The court’s decision emphasizes the importance of the child’s welfare and aims to prevent the newborn from facing societal ignominy in the future.
Case Details and Court’s Decision
The case involved a 23-year-old man who was accused under the POCSO Act and faced rape charges under the Indian Penal Code (IPC). The victim, who was 17 at the time of the incident, later gave birth to their child. Upon turning 18, she expressed her desire to marry the accused, asserting that their relationship was consensual.
Justice Rajendra Badamikar, presiding over the case, granted interim bail to the accused, directing that the marriage should take place once the victim reached the age of majority. The court underscored that the decision was made considering the well-being of the child and the consensual nature of the relationship as testified by the victim. The High Court noted that continuing criminal proceedings in such a scenario would lead to undue hardship for the accused and adversely affect the future of the child【80†source】【81†source】.
Legal and Social Implications
This ruling highlights the complexities involved in cases under the POCSO Act, especially when the relationship is consensual and results in childbirth. The court acknowledged that rigid adherence to procedural laws without considering the broader social implications could lead to a miscarriage of justice. The decision aligns with previous judgments where courts have prioritized the welfare of children and the intent of the parties involved【82†source】【83†source】.
The judgment also sparks a broader discussion on the need for nuanced approaches in legal proceedings involving minors and consensual relationships. It reflects the judiciary’s evolving perspective on balancing legal provisions with human and social factors.