Delhi High Court Grants Bail The Accused : Victim Happily Living With Rape -Accused

Hon’ble Delhi High Court has granted bail to a rape accused after noting that the victim and the rape accused person were happily living together.

Further said that not giving bail to the accused would only lead the children of the couple to starvation.

A Bench of Justice Subramonium Prasad noted that the victim and the rape accused got married with the family’s blessing.

The Bench took observed of the victim’s statement wherein the victim said that she ran away with the rape accused person and there after they got married and has been peacefully living with him. It stated in the bail order.

The court noted that the survivor’s statement and remarked that prima facie it appeared that the accused and the survivor were peacefully cohabiting with each other and not giving bail to the accused will harm the children of the married couple.

The accused was booked under the relevant section of Indian Penal Code, POCSO Act, and under the Prohibition of Child Marriage Act after the girl’s family members lodged a complaint. 

In 2020, the girl informed her family that she got married to the accused and is peacefully living with him.

The accused was arrested and his Advocate submitted that he is entitled to bail as the girl had married him out of her own free consent and will.

Even though the State counsel opposed the suit, the court ruled the man is entitled to bail as the survivor was happily married to the accused and is raising a family with him.

According to the court granted bail to the accused but directed him to report to the concerned police station every 15 days.