The Allahabad High Court while dealing with a POCSO case has advised young people to desist from having marital relationship before attaining legal age.
The single-judge bench of Justice Rajesh Singh Chauhan was dealing with bail application wherein the applicant was in jail since 6.1.2022 under Section 376, 506 IPC, & 5/6 of POSCO Act.
Brief Facts of the Case
The applicant and the prosecutrix both ran away to Ludhiyana, where they established physical relation on the promise of marriage. Later on they got married without informing their family members. She subsequently conceived and was blessed with a male child. Particularly, in the statement recorded u/s 164 Cr.P.C. she did not supported the prosecution version rather has submitted that she was willingly living with the present applicant. Their relation were consensual. It has been further submitted that presently the informant / prosecutrix is living with the family members of the applicant and she does not want to go to the place of her parents.
The Learned State Counsel has opposed the bail application on the point that since the age of the present applicant at the time of the incident was below 18 years. He further contended that such consent of the prosecutrix is meaningless in the eyes of law and the present applicant should not be releases on bail.
High Court Observation
The Court observed that the fact a children of tender age who have not attained the age of majority are indulging in such type of relations which may not be said to be a proper relation.
"When a certain age has been prescribed by the statute to get married and live accordingly, any such act which has been committed prior to such age cannot be approved. The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage."
Taking into account, the peculiar facts and circumstances of the present case wherein the present applicant and prosecutrix have not only got married but they are having infant son from said wedlock, the Court remarked that it is the responsibility of the couple to look after his child properly.
"If the present applicant is not released from jail or he is kept in jail, there might be a possibility that his minor wife with his son might not be taken care of properly by his parents, therefore, considering the larger interest of the child and mother who should have been taken care of by the present applicant, the bail of the present applicant is being considered."
The bail application was allowed.
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(With input from news agency language)
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