B’luru POCSO court sentences man to 10 years for forcibly marrying minor

On Thursday, the Special Court hearing POCSO cases in Bengaluru convicted two people for forcibly marrying a minor girl and raping her.

Justice Vanamala Yadav, the judge presiding over the case, sentenced 28-year-old Syed Muzammil to 10 years in prison for the same. 

The court also sentenced Ashraf Pash, who was a witness to the wedding, to 40 days in prison. He has now reportedly applied for bail. The victim and her brother, who had filed a police complaint against the forced marriage four years ago, are missing. Along with them, their parents, who are accused in the case are also absconding. 

In 2015, a 16-year-old boy had filed a complaint with the Mico Layout Police alleging that his 14-year-old sister was forcibly married off. 

The complaint, however, was filed one year after the wedding took place in 2014. The girl’s family had approached a moulvi to officiate the marriage and had also falsely stated in her marriage certificate that she was 18 years old.

According to the Public Prosecutor SN Hiremath, the clerics in the masjid claimed to be unaware of the fact that the girl was a minor. Nevertheless, Muzammil went ahead and “consummated” the marriage.

The girl’s minor brother was enraged after finding out about the marriage, which the parents had kept a secret. Worried that his sister would also be left in the  lurch by her husband, who had previously married and had abandoned his wife, he vowed to get his parents arrested. 

A case was filed at the Mico Layout Police Station under the Prohibition of Child Marriage Act, 2006, and the Prevention of Children from Sexual Offences (POSCO) Act.

Hiremani, raised the issue of consummation of child marriage being tantamount to rape and the fabrication of the girl’s age in her marriage certificate.

During the trial, Muzammil admitted to marrying the girl despite knowing that she was a minor.

However, the victim and her brother were missing from the trial. 

“The girl’s parents along with eight other accused in the case are still absconding,” the police added. Hence, the complainant and the survivor were not present during the trial," said the Mico Layout police. 

The Mico Layout Police also registered an FIR against 11 others, which includes the girl’s parents and Muzammil’s sister. The judge also asked the police to file a chargesheet against the 11 accused once they are apprehended.