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Bombay High Court News: The Bombay High Court rejected the appeal in which a man married a minor after raping her. The accused appealed and demanded the cancellation of the case.
Bombay High Court News : The Bombay High Court has taken a tough stand in the case in which a man appealed to abolish the case under the Poxo Act after marrying the minor. The High Court said that it cannot be freed from the allegations leveled under the Poxo Act simply. Because he married a minor and now he also has a child. Justice Urmila Phalke and Nandesh Deshpande, the bench of Nagpur, refused to dismiss the man’s plea in the order passed on 26 September in which he had consensus with a 17 -year -old girl and registered a registration only when the girl turned 18.
Court rejected petition
The court said that factual consent in relation to minors is irrelevant under the provisions of the Poxo Act. The court dismissed the petition filed on behalf of the person and his family. A case was registered against the family members, including the accused, under the provisions of the Indian Code, Poxo Act and the Prohibition of Child Marriage Act. According to the prosecution, the victim was 17 years old at the time of marriage and in May this year she gave birth to a child. Let me tell you that after getting information about sexual harassment, his family was married to the accused. The accused claimed that he was in a relationship with the girl with consent and after completing her girl 18 years old.
Poxo work protection to children
The accused further claimed that if he is prosecuted, it will also affect the child with the girl. Also, they will not be accepted in society either. On the other hand, the girl also appeared in the court where she too did not register any objection to the cancellation of the FIR. The court also made it clear that the main objective of the Poxo Act is to protect children under 18 years of age from sexual harassment and child pornography. This is the reason why the Poxo Act was brought. It also said that the question of what should be the age group for teenage love is pending before the Supreme Court. In the current case, the accused and the victim say that the marriage is done by Muslim customs, but the fact is that she was under 18 years of age.
Illegal acts cannot be ignored
The court said that when the girl gave birth to the child, she was not 18 years old even at that time. The court said that he was 27 years old at the time of marriage of the accused and he should have understood that he should have waited for 18 years for the girl. The bench said that if the girl has now given birth to the child, then the accused cannot be ignored by illegal acts.
