M.VIGNESH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 20.05.2020 for the offence punishable under Sections 5 (j) (ii), 5 (1), 6 of Protection of Children from Sexual Harassment Act, 2012 in Crime No.07 of 2020, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the Child Welfare Committee of the District had lodged a complaint before the respondent police. The Child Welfare Committee of the District was informed by the Thiruvarur Medical College Hospital's Doctor about the age of the victim is 16 years and she has given birth to a baby on 12.05.2020. This fact was known to them when the Aadhaar Card of the victim was verified for registering the birth of the child. Thereafter, the Child Welfare Committee had lodged a complaint against the accused and he was arrested. Hence the complaint.

(3.) The learned counsel for the petitioner submitted that the petitioner is the uncle of the victim girl and the victim girl was staying with her grand mother from her young age with whom she was grown up. During this period, the petitioner and the victim girl had developed interest with each other and the grand mother of the victim was also aware of the same. Thereafter, she arranged simple marriage ceremony between the petitioner and the victim and that the marriage was solemnized on 10.02.2019 as per their custom wherein the relatives were also participated. Thereafter, the victim registered with the Government Hospital, Thiruppur and she had been regularly going for periodical checkup. Finally, she got admitted on 12.05.2020 and the baby was delivered on 13.05.2020 and that she got discharged on 17.05.2020. During her periodical checkup she had given her age as 19 years since, she has not taken any proper education and there is no school certificate and that the date of birth of the victim was given by her parents. The victim as well as the petitioner and the grand mother stated that the victim was aged 19 years and that wrong entry is made in the Aathar Card as if the victim is aged 17 years. Further the petitioner is a coolie worker. The victim as well as the petitioner and the grand mother are uneducated, coming from poor family and they are not aware of the wrong entry made in the Aadhaar Card showing that the victim was only aged 17 years. Only for availing benefits from the Government, the Aadhaar Card was produced without knowing the fact that the date of birth has been wrongly mentioned. Further, the victim is still staying with the family of the petitioner and the petitioner only taking care of them. The petitioner is a daily coolie and due to the incarceration, he is unable to support his wife and child as well as the grand mother. Further, the petitioner never disputed the fidelity of the child. Even in the Birth Certificate issued by the authority, the petitioner's name is entered as father. Only because of the wrong entry made in the Aadhaar Card, the entire trouble is caused to the petitioner. Hence, he prays for grant of bail to the petitioners.