Marry Girlfriend You Abandoned Within A Year: Bombay High Court's Bail Condition For Rape Accused

The Bombay High court has granted bail to a man accused of raping a

woman and abandoning her, on the condition that he would marry her within

a year.

Justice Bharti Dangre observed that the prosecutrix and accused were in a

consensual relationship, and the man refused to marry her when she was six

months pregnant.

The accused submitted that he and his family members were ready to

solemnize the marriage and accept the paternity of the child. However, the

court was told, the prosecutrix is now untraceable as she was charged with

abandoning the child.

"In the above circumstances, I deem it appropriate to release the applicant

on bail subject to compliance that if the victim girl is traced within a short

while and say in a period of one year, he shall solemnize marriage with her,

but he shall not be bound by the statement beyond one year," Justice Dangre

held.

According to the charge sheet, the prosecutrix and the accused were

neighbours and were in a consensual relationship with the knowledge of their

family members. They had physical relations 5-6 times after which she found

out that she was six months pregnant.

It was the case of the prosecutrix that the accused had assured her of

marriage. However, once she told him of the pregnancy, he refused to marry

her.

The prosecutrix gave birth to a girl on January 27, 2020, and three days later

left the child in front of a premises with large walls and a watchman, knowing

that the watchman will take the child in his custody.

An FIR against the accused was registered and he was charged under

Sections 376 (punishment for rape), 366 (Kidnapping, abducting or inducing

woman to compel her marriage) and 420 (cheating) of the Indian Penal Code.

In his bail application, the accused submitted that the FIR was lodged based

on the statement of the prosecutrix when she was arrested for abandoning

the child.

The police registered the case against the accused without application of

mind even though the prosecutrix did not want to lodge complaint against

the accused, the application stated.

The court noted that accused in his affidavit has stated that he is ready to

marry the victim and accept the paternity of the child. His parents have

corroborated his statement. However, the child has been already given in

adoption since the mother is untraceable, the court was informed by APP

Rutuja Ambedkar

The court further observed that the victim is untraceable despite the efforts

of the investigating officer. This might be because of the criminal case

registered against her for abandoning the child, the court said.

The court directed that the accused can be released on bail on the condition

that if the prosecutrix is traced within a year, he will marry her. However this

condition won't be applicable beyond a year.

Case no. – Bail Application No. 3680 of 2021 Case title - ABC v. State of Maharashtra Citation: 2022 LiveLaw (Bom) 393