Kolkata Court Grants Bail and Marriage Permission in POCSO Case
In an unusual legal development, a court in Kolkata has permitted a marriage between a 24-year-old man, who was behind bars for 16 months under the Protection of Children from Sexual Offences (POCSO) Act, and his now-adult girlfriend. The ceremony took place on the premises of the Bongaon sub-divisional court on Wednesday, following the court's approval and the granting of bail to the accused.
Background of the Case and Relationship
Suraj Mondal, a resident of Sutia in Gaighata, had been in a relationship with the girl, who hails from Haringhata in Nadia district, since she was 16 years old and he was 22. Their relationship took a legal turn on October 7, 2024, when the girl's family filed a police complaint accusing Suraj of sexually assaulting the minor. This led to the registration of a case under the POCSO Act and his subsequent arrest by the Bongaon district police.
By the time the case came up for hearing this week, the girl had turned 18, marking a significant shift in the legal and familial dynamics. Both families appeared before the court, expressing a change of heart and acceptance of the relationship. They jointly requested the judge to allow the couple to marry and begin their life together.
Court's Humanitarian Decision and Conditions
Additional District and Sessions Judge Kallol Kumar Das considered the humanitarian aspects of the case, along with the consent of both families, before making his decision. He granted Suraj bail on a personal bond of Rs 10,000 and permitted the marriage to proceed. However, the court imposed a strict condition: Suraj must not subject his wife to any form of physical or mental harassment in the future.
Public Prosecutor Samir Das explained that the ceremony was solemnized on the court premises in the presence of family members and lawyers, following the court's approval. The couple's parents expressed their happiness with the outcome, with the girl's mother stating, "We are happy with the court's decision. The judge respected everyone's views before permitting the marriage. We were anxious about the situation. Now we wish they live happily together."
Ongoing Legal Proceedings
Despite the marriage permission, the legal proceedings under the POCSO Act will continue. Sagar Das, a senior lawyer at the Bongaon court, clarified that the case must be disposed of through due legal process before any acquittal can occur. This means that while the couple can now live together as husband and wife, the judicial process will proceed until a final verdict is reached.
This case highlights the complex interplay between legal statutes and human relationships, showcasing how courts sometimes exercise discretion in exceptional circumstances. It also underscores the importance of family consent and the evolving nature of such sensitive matters within the Indian judicial system.
