HC orders rape case accused to marry minor victim, grants him bail in UP

As per the allegations mentioned in the FIR, the victim (17) was “enticed away” by the accused on the intervening night of March 22, 2022 and March 23, 2022. The victim is 17 years old and has delivered a girl child, who is a month old. The accused has been in jail since April 10 this year, as per the FIR.

Without expressing any opinion on the merits of the case, Justice Dinesh Kumar Singh granted bail to the accused on Monday.

The victim and her father told the court that “they have no objection if the accused-applicant is enlarged on bail” provided he marries girl in accordance with the Hindu rites and rituals and gets the marriage registered.

Advocate Azmi Yusuf, who was representing the accused, submitted in court that the accused is ready to marry the victim. Yusuf also told the court that “infact, they eloped to perform the marriage as they were in love and as soon as the accused-applicant comes out of the jail, he will perform the marriage with the prosecutrix and also get the same registered”.

The accused was booked under IPC sections 363 (kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage), 376 (rape) and under the POCSO Act at a police station in Lakhimpur Kheri district.

The court said the accused “will perform the marriage within 15 days from the date of release with the prosecutrix and get the same registered before the appropriate officer within a period of one month from the date of performing the marriage”. “He will give all rights to the prosecutrix and his child as wife and daughter,” said the court.

The court also directed the accused to file “an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court”.

“In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law,” said the court.