Consider this: A rapist wants to marry the Girl whom he raped, a 15 years old Girl, and the girl is wiling to marry him. As per their customs there is no age limitation and their customs allow even 14 yeras old girl to get marry. Whether the case should be withdrawn or quashed on the grounds that they are to get married and raped is regularized into marriage.
even if the parties somehow prolong the trial and wait till attaining the marrigiable age and thereaafter marry, the case can not be quashed or compounded on that ground. in that situation, the court my take a lenient view and reduce the punishment by awarding compensation/ high penalty in leiue of sentence. I recollect , there are judgments to this efect.
In my view Mr. Tripathy ji is quite right. There are so many cases in this regard. If accused marry the girl which is minor and unable to give her free consent to marriage with the accused. If the said marriage solemnised Accused commit another crime.When it comes to the knowledge Of the court ,Court can take cognigense sue motto Or on the complaint of any body from the society.
Dear Dr.Tripathiji and Sarinji, thank you so much for your valuable contributions. Please refer to article 371 - A of the Constitution of India, which says Civil and Criminal Justice according to Naga Customary decision. Naga Customary does not have any age limitation and even a minor can get married unlike the Hindu Law etc. Moreover, District Customary Court has concurrent Jurisdictions in matters governed by Naga Customary Laws. Please refer to my query and the discussions therein regarding Article 371-A Vs Indian Penal Code posted yesterday.
Recently the honourable Supreme Court has decided on a similar case where it has been held that to marry the victim of a rape would not be considered as a ground for quasing the case. Rape will be treated according to the provision of the law.
there will be another question to marry a minor girl will be another contravention of law.