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POCSO FIR Can't Be Quashed Only Because Victim And Accused Have Married And A Child Is Born: Bombay High Court
['Narsi Benwal']
Supreme Court - High Court - Legal Breaking News | Live Law India
A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande refused to quash an FIR lodged against 29-year-old man and his parents, booked under the charges of the stringent POCSO Act and also the Prohibition of Child Marriage Act.
"Though she states that the said marriage was as per the Muslim rites and religion, but at the time of marriage, she was below 18 years of age.
When she delivered the child at the relevant time also, she was below 18 years of age," the judges noted.
The bench further took into account the fact that the accused is presently 29 years of age and at the time of incident i.e.
"At least, he ought to have understood that he should wait till the girl attains 18 years of age.