Mumbai Court Orders Rape Accused To Marry Victim Within One Year

The high court in Mumbai, India reportedly granted a rape accused bail on the condition that he should marry the victim, who is currently untraceable, if she is found within a year.

The court said the 26-year-old accused and the 22-year-old woman were neighbors and were in a consensual relationship for years. However, when the victim informed the accused that she was pregnant, the accused started avoiding her and the woman filed a rape case against the accused, the Times Of India reported.

The woman lodged a complaint with the Mumbai Police against the man in Feb 2020. In her complaint, she claimed they were in a relationship since 2018 and that their families were in support of their relationship. A year into their relationship, in 2019, the woman realized that she was pregnant and informed the accused. However, after learning that she was pregnant, he started avoiding her.

The woman soon left her house as she did not want to reveal the pregnancy to her family members. On Jan 27, 2020, she gave birth in a city hospital. Three days later, on Jan 30, 2020, the woman abandoned her newborn baby in front of a building, NDTV reported.

Based on the woman's complaint, a First Information Report (FIR) was registered on Feb 24, 2020, against the accused for rape, kidnapping a woman to induce her to illicit intercourse, and cheating. He was then arrested the next day.

A separate FIR was later lodged against the woman for abandoning the child.

During the hearing, the accused assured the High Court that he was willing to marry the woman and accept paternity of the child. However, the baby, who was admitted to a child care center, had already been given in adoption. Meanwhile, the woman remains untraceable.

After taking the circumstances into consideration, a single bench of Justice Bharati Dangre granted the accused bail on Wednesday, Oct. 12 on the condition that he should marry the victim, who is currently untraceable, if she is found within a year. The man would not be bound by this condition beyond one year.

"In such circumstances when the incident was reported, the victim was major and she has already stated that the relationship was consensual," the High Court said.

"I deem it appropriate to release the applicant on bail subject to compliance that if the survivor is traced within a short while, 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," said Justice Bharati Dangre in her order.

The court granted bail to the man on a bond of $304 (25,000 Indian Rupees).