KOCHI:The Kerala High Court has asked a person accused of raping minor girl to marry the victim when she turns 18 years. The court granted bail to Ajeesh of Thiruvananthapuram after imposing the condition.
Justice B Kemal Pasha issued the order while allowing the bail plea filed by Ajeesh of Thiruvananthapuram. The police registered a case against the petitioner on the basis of a complaint filed by the victim girl’s mother and charged offence under Section 376 (rape) of IPC and sections 4 and 8 of the Protection of Children from Sexual Offences Act (POCSO Act). The allegation against the petitioner was that he enticed a girl aged 16, who was a ninth standard student, and repeatedly committed sexual intercourse with her thereby making her pregnant. She later delivered a child. The petitioner was arrested on November 30, 2014.
Interestingly, the victim girl who is a mother now had earlier appeared and submitted that she was living together with the person who allegedly raped her.
The court asked the police officials to verify the genuineness of the submission. The report of the investigating officer revealed that the girl will attain age of majority on May 31, 2015, only and that the petitioner was staying with the minor girl.
Counsel for the petitioner submitted that he is ready and willing to marry the girl and the only impediment is that she has not attained the age of majority. The petitioner gave an undertaking that the marriage can be conducted prior to the second week of July 2015 as the girl will attain the age of majority on May 31 only. The police officer also reported that till his arrest, the girl was residing with the petitioner with the child. No criminal antecedents have been reported against the petitioner, police submitted.
The court observed that considering the case and the fact that the victim girl was residing along with the petitioner with the child girl till his arrest, the petitioner can be enlarged on bail. The court asked to conduct the marriage of the petitioner and the victim girl on or before July 9, 2015.
The court asked the petitioner to execute a bond of `25,000 with two solvent sureties. The petitioner shall report before the investigating officer between 9 am and 11 am on all Wednesdays and Saturdays for the next four months. The petitioner should be available for interrogation as and when required by the investigating officer. The court made it clear that the violation of any of the conditions imposed by the court will result in the cancellation of the bail.