Nithyakalyani Narayanan. V
The Delhi High Court was hearing a case where an FIR was filed against a man charged with impregnating a minor girl and getting married while she was pregnant. The court refused to quash the FIR, stating that “…..this is an alarming scenario that serves as a stark reminder. In certain instances, following a sexual assault, a disturbing pattern emerges where the accused marries the victim, seemingly to evade criminal charges, only to promptly abandon the victim once the FIR is quashed or bail is secured.”
The court pointed out the particular accusations in the FIR and in the minor’s statement which were recorded before a Magistrate. It states that the accused took her to a guest house where he made her an alcoholic drink, established non-consensual physical relations and the minor got pregnant. It also mentions that he recorded the assault and blackmailed her that he would publicise it. The minor disclosed her assault to her mother when she learned about her pregnancy.
The Bench said that the ‘Nikahnama’ or the marriage deed, dated April 9, 2021, proved that the nikah was conducted on that day, after the minor put forth the allegations. The accused held that they were governed by Muslim personal laws and cited them so as to not get charged under the POCSO Act and IPC. The court held that although there are conflicting judgments on whether a minor married under Muslim Law will be governed by its personal laws or the POCSO Act and the Child Marriage Restraint Act, here the rape accusations were put forth before their marriage. Hence, the court was not entitled to consider the validity of the marriage and therefore refused to quash the FIR.