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MUMBAI: In a rare instance, a 22-year-old mother was recently arrested under the stringent Protection of Children from Sexual Offences (Pocso) Act on charges of sexually assaulting a 17-year-old, even as she claimed that they had got married last year and their relationship was consensual. The woman, who has a five-month-old daughter from the relationship, has moved for bail and the order is expected on Friday. The court had earlier allowed her to keep her daughter with her in Byculla jail.

The police complaint filed by the boy's mother alleged that the woman had "enticed" her son.

The FIR in the case was registered last December and the woman was arrested only earlier this month. In addition to charges under the Pocso Act, the woman has been booked under sections of the IPC for kidnapping and criminal intimidation as well as Child Marriage Act. The "marriage" took place on November 8, 2017. The definition of a "child" under the Child Marriage Act means a male who is under 21 years of age and a female who has not yet turned 18.

In her December 2017 police statement, the mother said on November 23, at 10pm, the woman had come to her residence accompanied by her parents and brother. She said the woman claimed that she had married her son and would now reside in the house.

The mother said when she and her husband opposed this, the woman abused them and threatened to harm herself. She said after the woman left at around 11pm, her son too left home and refused to return. She claimed the woman was twice married and divorced.

The mother stated that she has two daughters aged 20 and 18 and her son is 17 years and eight months old. She further stated that her son and the woman had been in contact for two years and ever since, his behaviour had changed. The mother alleged that her son had informed her and his father that the woman had been threatening to commit suicide if he stopped meeting her. She claimed the woman had even attempted suicide by pouring kerosene over herself and drinking a disinfectant. She claimed this had caused tremendous mental stress to her son who failed his Class X exam.

In her bail plea submitted through advocate Khaled Azmi, the woman pointed to an anomaly in the age gap between her "husband" and his older sister and said it was not possible that the boy was just 17 years and eight months old as claimed by his mother when she said his older sister was only 18 years old. The woman said she and the boy were in a relationship and she had no criminal antecedents.



In Video: Mumbai: Woman 'weds' 17-year-old boy, held for sexual assault