Nishka Srinivas Veluvali

Published On: December 03, 2021 at 21:50 IST

The Calcutta High Court stated that pulling a girl’s hand, dragging her scarf or proposing for marriage will not count under the definition of sexual harassment under the Protection of Children from Sexual Offences (POSCO) Act.

The Case is related to the molestation of a minor girl. The Prosecution reported that the Accused dragged her scarf and asked her to marry him, while she was returning from school in August 2017.

The Police added that the Accused had threatened to throw acid on her if she denied the marriage proposal.

The High Court upon hearing presumed that the committed acts would still fall under the Section 354A (sexual harassment), Section 354(A)(ii) (demand for Sexual favours) and Section 506 (Criminal intimidation) of the Indian penal Code.   

Further, the Accused was Convicted under Section 354A(1)(ii) of the IPC (demand for sexual favours) and for criminal intimidation. However, he was later on Acquitted under Sections related to Molestation, Assault or use of Criminal force against woman and Sections under POSCO Act.

Justice Bibek Chaudhary with reference to the Trial Court’s Verdict stated, “The basic structure on which superior forums are standing, and if it’s not strong then the structure will fall and the innocent will not get justice.”

The High Court condemned the Victim’s testimony and the Complainant’s statements as there were discrepancies found.

The Complainant (victim’s uncle) did not mention about the Accused pulling her hand whereas the Victim in her testimony under the Section 164 CrPC mentioned the Act.   

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