Ahmedabad Court Convicts Couple for Child Marriage, Orders Compensation Over Jail
In a significant ruling from Ahmedabad, a city sessions court has convicted a couple for the grave offence of forcing their two orphaned nieces into child marriage. The court, however, opted against imposing a jail sentence and instead directed the convicted pair to pay Rs 50,000 in compensation to the young victims for the hardship inflicted upon them.
Details of the Case and the Crime
According to the detailed case records, the tragic incident involved two minor sisters who had lost their parents. In 2020, their paternal aunt and her husband orchestrated the marriages of these vulnerable girls. The younger sister was merely 14 years old at the time, wed to a 17-year-old boy, while the elder sister was 17 herself.
The matter came to light through the vigilance of child rights activist Arvind Katpara, who brought the incident to the attention of authorities. This led to the registration of a First Information Report (FIR) at the Mahila police station (East) in Ahmedabad.
Legal Proceedings and Charges
Initially, nine individuals were implicated in the case. This group included the girls' aunt and uncle, the two grooms, and the parents of the grooms. They faced charges under multiple statutes:
- The Protection of Children from Sexual Offences (Pocso) Act
- Relevant sections of the Indian Penal Code (IPC)
- The Prohibition of Child Marriage Act
Notably, since one of the grooms was a minor at the time of the marriage, his case was transferred to a juvenile court for separate proceedings. Furthermore, the aunt and uncle faced additional accusations of human trafficking, as they were alleged to have accepted Rs 50,000 from the grooms' families, effectively selling the sisters.
During the trial, Additional Public Prosecutors D M Thakor and K G Jain presented a robust case. They examined a total of 23 witnesses and submitted 56 pieces of documentary evidence to the court.
Court's Verdict and Reasoning
Presiding over the case, Special Pocso Judge A B Bhatt delivered a nuanced verdict. The judge acquitted all the accused of the charges under the Pocso Act and the IPC, granting them the benefit of doubt on those specific counts.
However, the court found the victims' aunt and uncle guilty under Section 11 of the Prohibition of Child Marriage Act. In its observations, the court stated: "Knowing that there was a possibility of an offence under the Pocso Act occurring against the victims, the accused couple arranged child marriages for the girls and sent them to their in-laws. Even though the victims were of a tender age and their development could be hindered, both the accused committed this crime despite being aware of it."
Sentencing and Compensation Order
When it came to sentencing, the court referenced Section 11 of the Prohibition of Child Marriage Act, which explicitly states that a woman cannot be sentenced under this law. The court noted that the paternal aunt was the primary architect of the child marriages, while her husband's culpability was considered lesser.
Nevertheless, the judge emphasized: "However, to teach the accused a proper lesson, they should be ordered to compensate the victims so that they do not repeat the offence in future." Consequently, the court granted the couple the benefit of the Probation of Offenders Act, releasing them with a stern reprimand instead of a custodial sentence.
The court mandated that the convicted couple pay Rs 50,000 as compensation to the two victim girls for the suffering they endured. In a separate but related order, the court also directed the government to provide Rs 1 lakh in compensation to each of the sisters, acknowledging the broader responsibility of the state in protecting children from such violations.
This ruling highlights the complex interplay between legal provisions, judicial discretion, and the pursuit of justice in cases involving vulnerable minors and familial crimes.
