Gujarat: Rape accused says he has a wife who is pregnant as HC looks at possibility of ‘compromise’ with survivor

A man accused of raping and impregnating a girl aged 16 years and 11 months has told the Gujarat High Court that he is married and his wife is pregnant after the HC sought to explore the possibility of a “compromise”.

As the court heard a plea of the rape survivor, who is seven months pregnant, seeking permission for abortion, Justice Samir Dave on Thursday asked the authorities to produce the accused so that the possibility of a “compromise” between him and the girl could be explored.

The 23-year-old accused, currently lodged in a sub-jail in the state’s Morbi town, was produced before the court on Friday evening. He said that he was married for over two years and his wife was also pregnant.

The court has now ruled out the possibility of a compromise, said the advocate for petitioner Sikandar Saiyed.

“Based on the medical report of the minor, the court has said that her medical termination of pregnancy would not be possible. The matter will be further heard on Monday, with the court granting time to father (of the survivor) to get his daughter’s opinion on the issue of bringing up her child,” said Saiyed.

In an observation during an earlier hearing, the court had said that it was once normal for girls to marry at a young age and deliver a child before they turned 17.

Indicating that he might not allow the petition if both the girl and foetus were healthy, Justice Dave had also referred to the Manusmriti, an ancient legal text of Hinduism, during the hearing on Wednesday.

The rape survivor’s father moved the HC seeking permission for termination of the pregnancy had crossed the 24-week threshold up to which abortion can be performed without a court’s intervention.

"I will not give permission if both are found healthy. The weight of the foetus is also good...What will you do if the girl gives birth and the child lives? Who will take care of that child? I will also inquire if there are government schemes for such children. You should also check if someone can adopt that child," the judge had told the girl's lawyer.