POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court

A bench of Justice Ravindra Maithani observed thus while upholding an order of the Additional Sessions Judge/Special Judge (POCSO) Haridwar summoning a man/petitioner to face charges under Section 11/12 POCSO Act for allegedly sexually harassing his son.

The case in brief

Essentially, the case against the man was lodged by his wife (respondent no. 2), who got married in December 2010, claiming that her husband engaged in repeated acts of anal intercourse with the respondent against her will, causing her severe injuries and bleeding, requiring medical attention at multiple hospitals.

Despite her injuries, the petitioner continued his actions, including physical assaults and forced sexual acts.

Significantly, she also alleged that the petitioner (husband) subjected their child, aged 8 to 10 months, to inappropriate behaviour by showing explicit content on his laptop so that respondent no.2 (wife) could succumb to his demands concerning anal sex or forceful oral sex.

It was also alleged in the FIR that he would behave very weirdly, throw things in the house, urinate in front of the room, show his private part to the young child and have oral sex forcibly in front of the child.

Challenging the FIR as well as the summoning order, the petitioner's counsel argued the act allegedly done by the petitioner had no sexual intent qua the victim.

It was argued that the intention to show nasty scenes on the laptop was not sexual harassment of the child but to pressure his mother, respondent no.2, to follow the commands of the petitioner. Thus, it was submitted that no offence was made under the POCSO Act.

High Court's observations

The Court, while considering the submissions of the counsel for the petitioner, noted that the mother of the child (respondent no. 2/wife of the petitioner) had made a statement under Section 164 CrPC making all the abovementioned allegations.

The Court further noted that even the child had been examined, wherein he stated that his father does Gandi Gandi Cheeze and would show dirty videos.

Against the backdrop of these observations, the Court said that the sexual intent of the accused petitioner would be presumed under Section 30 of the POCSO Act.

“Exhibition of the private part to a child, showing him dirty films, as told by the child himself prima facie makes out an offence under Section 11 read with Section 12 of the POCSO Act,” the Court further added.

In view of this, the Court refused to interfere with the impugned summoning order regarding the offence under Section 11, read with Section 12 of the POCSO Act.

Case title - Dr. Kirti Bhushan Mishra vs. State of Uttarakhand and another

Case citation :

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