During the hearing in the court, the defense side cited Muslim Shariat and said that a 16 year old girl is considered an adult.
Jagran correspondent, Ghaziabad. In a case related to the POCSO Act, Special Judge (POCSO Act) Neeraj Gautam granted conditional anticipatory bail to co-accused Aspak. During the hearing in the court, the defense side cited Muslim Shariat and said that a 16 year old girl is considered an adult. She is capable of marrying. However, the court granted anticipatory bail to the accused keeping in mind other circumstances.
The matter is of Sahibabad police station area. In the year 2020, a teenage girl went missing. The relative had filed a case under section 16/17 of the IPC and later the POCSO Act. According to the prosecution, on February 29, 2020, the girl had gone for tuition but did not return. Alamin, a young man from the neighbourhood, was accused of luring her away.
The defense argued in the court that the girl was about 16 years old. She had gone with the main accused of her own free will. Both of them got married in the year 2020. Both were living like husband and wife in Bengaluru.
The defense argued that according to Muslim Shariat, a 16-year-old girl is considered an adult and has the right to marry. The court was also told that the accused has no criminal history. He is the sole breadwinner of the family and investigation into the case was initiated after many years.
According to the defense, the victim has not talked about kidnapping or coercion in her statement. At the same time, the bail was opposed by the government advocate and CWC. The Court held that the co-accused was not named in the First Information Report. The circumstances of the case merit the grant of anticipatory bail.
Special Judge (POCSO Act) has granted conditional anticipatory bail to the accused on two surety bonds of Rs 1 lakh each. The court imposed a condition that the accused would not leave the country. He will not influence the witnesses. Will cooperate fully in the investigation.
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