POCSO--Rape of Minor--Subsequent Marriage with Prosecutrix After Attaining Majority Does Not Absolve Accused of Repeated Acts of Rape Committed During Minority
Subsequent marriage with the prosecutrix after she attains majority does not absolve an accused of repeated acts of rape committed when the prosecutrix was a minor. Under Section 6 of the POCSO Act, the criminality of such acts is determined at the time of their commission. A marriage performed after arrest, particularly pursuant to a court order, does not operate as a mitigating circumstance sufficient to warrant bail when the alleged offences involve repeated sexual assault on a minor.
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