The high court recently ordered the release of Rahul Baghel (22), who is serving a 20-year term in Alwar jail under the Protection of Children from Sexual Offences (POCSO) Act for gang-raping a minor, to spend time with his wife Brijesh Devi (25).

Baghel was released on parole on Wednesday.

An official said that this is the first verdict in Rajasthan wherein a rape convict has been granted parole. Under Rajasthan’s parole rules, a convict of rape or gang-rape is generally not granted parole or sent to open jail.

But the high court accepted the petition moved by Brijesh Devi for the release of her husband on parole for the purpose of preservation of lineage keeping in mind the Constitutional rights of the woman.

Brijesh Devi had filed an emergency parole petition on July 13 in Alwar district court, citing her fundamental and Constitutional right to have a child.

After a week on July 20, she had approached the high court demanding 30-day parole for Baghel. But the high court has ordered to release Baghel on parole for 15 days.

The petition said that preventing the wife from becoming pregnant or the couple to have a child would be against the spirit of Articles 14 and 21 of the Constitution.

A double bench of the high court comprising justices Sandeep Mehta and Sameer Jain admitted the petition under the Rule 11 (1) (iii) of the Rajasthan Prisoners Release on Parole Rules on the ground of want of progeny.

Surprisingly, the high court overlooked the fact that the inmate is serving a 20-year term under the POCSO Act, under whcih a convict of rape or gang-rape is generally not granted parole or sent to open jail.

Baghel was jailed for 20 years by the Alwar POCSO court on June 13, 2020 for raping a 16-year-old girl at Hanipur in Alwar district in 2019.

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