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Madrasa teacher sexually assaulted Child, claims she was his Wife, has done Nikah with her

Javed, who is a Madrasa teacher in Kanpur was detained by the police brigade on 10th of June for raping a minor girl student (15).

However, in the latest development, he has now claimed that he had nikah with the victim girl and therefore, there was nothing really wrong for him to setup an intimacy with her.

As oer the complaint by the victim, on 9th June morning, Javed had stopped his motorcycle outside of the victim’s house and had asked her to come with him to madrasa on the alleged reason of signing a new document. But when she along with Javed arrived the Madrasa, she learnt that nobody was there except for two women namely Abda Islam and Sheeba.

Javed forcefully raped the victim at Madrasa in presence of both the other women but nobody came to victim’s defence despite repetitive phone calls for help from her. The victim has also alleged that the horrifying rape continued for about an hour before she somehow managed to flee.

After escaping from the spot, the victim then came running to her mother, to whom she exlained the entire incident. Javed refused all the allegations on him in the first place and then he tried to term the victim as a ‘lunatic’. But as the victim’s mother stoof firm with her daughter, Javed eventually gave up and challenged them to do whatever they can.

Lateron, the police detained Javed though left the other two women in the process. As per the latest reports, ever since locked behind the bars, Javed is now claiming that he had nikah (marriage) with the victim. In this claim, he is getting the much-needed support from the community.

And now the girl’s family contantly fears that their case might get weak with this claim, which they maintain to be clearly false.

The victim’s father added that nikah can’t be termed legitimate unless there is witness from both bride and groom side present.

As per Muslim Personal Law (as cited in the book Mulla: Principles of Mahomedan Law), absence of witnesses doesn’t make a nikah invalid which doesn’t bring any criminal punishment.

The law also cites Muslim girl who is 15 years of age has attained puberty is eligible for nikah even without the consent of her parents. And there are examples in past when the courts accepted nikkahs on affidavit and even on the basis of oral transactions.

It would be really interesting to know how the courts would go about deal this case.

Written by Sagar Abhinandan

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