Headline
The Allahabad High Court grants bail to a man accused of rape on pretext of marriage.
Summary
The Allahabad High Court granted bail to a man accused of raping a teenager under the fake promise of marriage, with conditions that he will marry her and give financial help for their newborn child. The Court stresses the need for a nuanced approach in cases related to adolescent relationships.
Key Facts
- Case Name– Abhishek vs. State of UP
- Judge Name: Justice Krishan Pahal
- Accusations: Rape under Indian Penal Code and POCSO Act for deceiving a teen into a physical relationship on a fake marriage promise.
- The bail was granted on a condition that he will marry the victim within 3 months and deposit ₹2 lakhs in a fixed deposit for the future of the newborn.
- The accused in his defense claimed that the victim was 18 years of age based on an ossification test, and denied any force.
Legal Insights
The Allahabad High Court stated that cases related to adolescents need a proper handling to distinguish between exploitation and consensual relationships. It stresses the principle that bail is the rule and jail the exception, citing the Manish Sisodia v. ED judgment.
Impact
This ruling focuses on the principle of presumption of innocence and shows responsibility of the court to balance individual liberty with justice.
Why It Matters
The case highlights the evolving approach of the judiciary towards adolescent relationships while balancing legal protection against misuse of laws like POCSO.
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