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Now 18, rape survivor wants to marry accused; HC grants him bail | Chandigarh News


Now 18, rape survivor wants to marry accused; HC grants him bail

SHIMLA: The Himachal Pradesh high court has granted regular bail to a man accused of raping a minor after the girl, who has since turned 18, testified that they intended to marry and raise their 2-month-old child together.The high court ruled that the continued incarceration of the unnamed defendant would severely prejudice the welfare of the young mother and her newborn. The judge said while a minor’s consent is legally immaterial under the Protection of Children from Sexual Offences (Pocso) Act, the evidence indicated a consensual relationship.The girl was 17-and-a-half at the time of the alleged offence and now lives with the defendant’s mother. The case originated on March 19 when a medical officer at a civil hospital notified police that a girl admitted for childbirth was under the age of consent.The defendant was arrested on March 20 after the girl initially told police the pregnancy had resulted from physical relations between them on several occasions. However, during the bail hearing, she appeared under oath alongside her parents and the defendant’s mother to support his release.She testified that she had entered the relationship voluntarily and that neither she nor her family had initiated the police report. She stated that they intended to formalise their marriage and requested that the case be dropped.The court granted the man bail on a personal bond of ₹50,000 and one local surety, on the condition that he must attend all trial dates and not interfere with the investigation. The bench clarified that its observations did not constitute a final ruling on the merits of the case.



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