BENGALURU: Though another union is payable under Mohammedan law, private law can’t override exceptional laws such as the Defense of Children against Sexual Offences (Pocso) Act, Child Marriage Restraint Act and the General Penal Code of the nation, the Karnataka high court detected on Monday, although penalizing bond to Rahul alias Nayaz Pasha, of Tiptur city in Tumakuru district.
“Simply because the celebrations have been Mohammedans, it doesn’t indicate the petitioner-accused gets the right to wed a little girl by enticing and abducting her,” the court pointed out.
A case was registered against the accused under different sections of IPC, Pocso Act and the Child Marriage Restraint Act.
Judge says little’s consent for marriage is insignificant Pasha was accused of abducting and raping a 15-year-old woman, his neighbor, in October this past year.
His spouse is also an accused.
Pasha maintained he married the woman and the next union was permissible under Mohammedan law.
Rejecting it,” Justice K Natarajan noted the woman is 15 decades and her permission is irrelevant and even when she’s successfully gone together with the accused, and it frees up to abduction or kidnapping under Section 363 of IPC.
“The accused not simply abducted the little lady, but also wed her that brings Sections 9 and 10 of the Child Marriage Restraint Act.
He sexually attacked her that brings Sections 6 and 4 of those Pocso Act,” the judge found.
The woman’s mother filed a complaint on October 5, 2020, alleging that her son was abducted from Pasha.
Based on her, at 11pm on September 27, 2020, her daughter had been sitting with a cell phone, and went missing in the home.
In 2pm on October 3, 2020, the woman returned home, and has been crying.
The woman said that on September 27, the accused abducted her from gagging her with a napkin and took her into his relative’s home.
He kept there for 3 days and did not permit her to speak to anyone.
Later, the night, he also took her into a secluded location and procured signature on a union certificate.
Around noon on October 1, 2020, Pasha’s spouse shot the woman dropped her in a home where her husband apparently sexually attacked her.
The woman afterwards escaped from captivity and attained home.
(The victim’s identity has not been shown to guard her privacy according to Supreme Court directives on cases related to sexual assault)
Private law Can Not override Pocso Act, IPC: K’taka HC
