Mumbai: Married man held for impregnating 16-year-old gets bail after he tells court of willingness to marry her

孟买：已婚男子强奸16岁少女致其怀孕，在法庭上表示愿意娶对方后获得保释

MUMBAI: Three months after a 25-year-old married man was arrested for ra and impregnating a 16-year-old girl, a special Protection of Children from Sexual Offences (Pocso) Act court granted him bail after finding the relationship was “consensual” and the accused was willing to marry the minor. The minor’s mother who had initially lodged an FIR, submitted an affidavit in court supporting his release and said she wanted the accused to marry her as she had given birth to their daughter.

孟买：一名25岁的已婚男子因强奸一名16岁女孩并致其怀孕而被捕，3,个月后，法院判定他们发生关系是“自愿的”，且被告愿意娶这名未成年少女，批准其获得保释。这名未成年少女的母亲最初提出了控告，后来在法庭上提交了一份支持男方获释的宣誓书，并表示希望被告和她女儿结婚，理由是她女儿生下了被告的女儿。

Allowing the release of the accused, the court said, “It cannot be said that the first marriage of the accused was not within their knowledge. As it is submitted that the prosecutrix (minor) intends to marry him and the accused is also willing to marry her once she turns 18 and that the matter is arising out of the affair and it is the case of a consensual relationship, to me, there is no need to keep the accused behind bars.”

在被告获释后，法庭表示:“不可否认，被告的第一次婚姻是他们所不知道的。由于原告(未成年人)打算与他结婚，被告也愿意在她年满18岁时与她结婚，而且这是一种两厢情愿的关系，所以在我看来，没有必要将被告监禁。”

Seeking the accused’s release, his lawyer submitted in his community he was allowed to marry more than once.

为了让被告获释，律师根据被告男子生活的地区规定，他可以同时娶多名妻子。

The prosecution strongly opposed the bail plea and said there was no evidence to show his first wife had consented to his second marriage. The prosecution further submitted that the accused entrapped the minor who was unable to understand the consequences and now he wanted to take undue advantage of the situation by offering to marry her. The prosecution pointed out that an earlier attempt by the accused to seek bail was rejected by the court.

检方强烈反对其保释申请，并表示没有证据表明他的第一任妻子同意了他的第二次婚姻。被告诱骗了这名未成年人，对方不了解后果，如今提出娶她是想获得保释。被告早些时候曾试图寻求保释，但被法院驳回。

The case of prosecution is that the minor knew the accused as her father and he were acquaintances. It was alleged that the accused promised to marry the girl and under that pretext he became intimate with her. The girl then got pregnant but kept it a secret. The prosecution further said seeing her growing belly, her mother suspected that she was pregnant. By then, her pregnancy had advanced. It was alleged that when the girl told the accused about her pregnancy, he threatened her not to reveal his identity as the unborn baby’s father. The prosecution said that the girl disclosed the name of another boy to her mother as the father of the child.

被告与受害女孩的父亲是朋友。他以结婚为借口哄骗受害女孩与他发生了关系。不久后，女孩怀孕了，但一直保密。看到她越来越大的肚子，她的母亲怀疑她怀孕了。据称，当女孩告诉被告她怀孕的事时，被告威胁她不要透露自己是未出生孩子的父亲。女孩告诉母亲，孩子的父亲是另一个男孩。

During the family’s investigations, the accused was identified as the father. The family lodged an FIR and the accused was arrested on October 23.

调查后，确认被告是孩子的父亲。这家人提出了控告，被告于10月23日被逮捕。

The court said that with the investigations over and chargesheet being filed, there was “nothing” to reject his bail application.

法庭还认为，随着调查的结束和收到的法律文件，没有找到可以拒绝其保释的证据。

印度时报读者的评论： 译者：Jessica.Wu

Rukmanand Sharma

This travesty of justice. The fact that his community allows more than one wives,obviously Muslim, should not let him be free on ail. He should have been castrated. What happens to his first wife? THIS is not justice for the minor.

这是对正义的嘲弄。他所在的社区允许他娶多个妻子，这也不是保释的理由。应该把他阉了。他的第一任妻子怎么样了?对这名未成年少女来说，这不公正。

Ayudhya Misra

His religion will allow to many more and he will do it. Mockery of Justice.

他的宗教信仰允许他娶多个妻子，他会这么做的。这是对正义的践踏。

Raj S

What a stupid judgement. This girl was minor.....This man should be thrown in jail for life....And what about the first wife......Is she disposable....shame on courts,,,,

脑残判决。女方是未成年，应该判这个男的终身监禁....那他的第一任妻子呢，抛弃？…法庭可耻……

Ashish Pandey

Right decision by Court or everyone would have suffered.

法庭做出了正确的判决，否则两败俱伤。

Muthuswamy Narayanswamy

True. What a joke in judgement. He should have castrated becuase he raped a minor which is enough to put him in jain. How the judges make a decision like this.

真是个笑话。他强奸了一名未成年人，应该阉割坐牢。法官怎么能做出这样的判决

Ashish Pandey

And then what will happen to this minor girl and his current wife and the new born daughter ?

不然呢，这个少女、他的现任妻子还有刚出生的女儿怎么办?

mh

he is following feku he is marrying because there is no other way or stay in jail

他愿意娶对方是因为没有别的办法了，不然就得坐牢

shyam nebhwani

What about the first wife , is second marraige without divorcing first allowed as per law in India ?

那第一任妻子呢，怎么办?印度法律允许在不离婚的情况下结第二次婚吗?

Deepak Ahuja

Boss he is allowed according to his community he says - read the fine print - it was smartly slipped in- India hai sab kuchh chalta hai multiple laws for multiple religions

他所在的社区是允许的。在印度，针对不同的宗教有不同的法律

Chandrakant Pai

Read the article again. He is from the peace loving community where he is allowed to marry 4 times.

他来自一个热爱和平的社区，他可以结四次婚。

Ashish Pandey

There was no point sending this Guy to jail and everyone suffer who are dependent on him. Court took right decision.

把这个人关进监狱是没有意义的，每个和他有关系的人都要受苦。法院做出了正确的判决。