"Every person has a right to choose his/her partner. In a child marriage, on decision taken by a Panchayat, such right to choose is violated if it (marriage) is performed," said Justice Mridula Bhatkar in a judgement on April 29.
The court was hearing the appeal of the nine people who had challenged their conviction. They had been sentenced to different jail terms under Child Marriage (Restraint) Act and IPC for kidnapping the boy and the girl.
Not just this, the mothers of the two were also fined Rs 750 each by the Panchayat members. Hence, the men were also found guilty of extortion apart from kidnapping.
Upset with the wedding, the girl's mother lodged a complaint with the police which probed the case and filed a charge sheet. The case was tried in a Sessions Court which sentenced the accused to jail terms ranging from 15 days to 2 years on various charges.
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However, the Judge reduced the quantum of sentence awarded to them by the trial court to up to one month only.
"Though it is a case of kidnapping and extortion, it is also (reflection) of regressive and orthodox social norms existing at that time in the village," she noted.
The lawyer argued that it was only an engagement since the marriage was not performed as per Hindu rites. However, the HC observed that "even if the function was an engagement, the submissions were not convincing.