"Was Not In A Mental Position To Have Sexual Intent": Delhi Court Discharges Man Having Schizophrenia, Accused Of Forcibly Kissing 6 Yr Old Boy

A Delhi Court has recently discharged a man suffering from Paranoid Schizophrenia, accused in a POCSO case, observing that he was not in a mental position to form mens rea or to have any sexual intent.

Additional Sessions Judge Ashutosh Kumar was prima facie of the view that the man was suffering from mental illness to the extent that he was incapable of understanding the consequences of his acts or forming any mens rea or sexual intent at the time of commission of the offence.

It was alleged that the accused had abused a minor child aged 6 years by grabbing and kissing him several times. According to the statement of the victim, a man caught hold of him, kissed on his lips and cheeks and did not leave him. The statement of child's mother also reiterated a similar version.

Advocate Tanveer Ahmed Mir appearing for the accused relied on the discharge summary to argue that the man was diagnosed with paranoid schizophrenia and that he was also admitted in the hospital in December 2017 after which he got discharged in January 2018.

It was also submitted that the accused was suffering from psychiatric illness in the first degree for 28 years.

He also argued that the documents qua the psychiatric condition and treatment of the accused from various hospitals were verified by the investigating agency and were also part of the chargesheet.

On the other hand, it was argued by the prosecution that mental insanity claimed by the accused is different than legal insanity and that in case of the latter, allegations have to be taken on the face value.

"From the said medical documents of the accused, it prima facie appears that the accused was suffering from mental illness to the extent that he was incapable of understanding the consequences of his acts or forming any mens rea on sexual intent at the time of the commission of the offence," the Court said.

The judge also said that even if for argument's sake it was assumed that there was no medical document which proved that on the date of the incident the accused was suffering from mental insanity to that extent that he was not capable of forming sexual intent, then it could be prima facie inferred that the man, even if not having 100 mental disability, was still suffering from severe mental disability on the date of commission of the offence.

"For argument's sake, even if it is assumed that there is suspicion that the accused was not sufficiently incapable to understand the consequences of his act on the date of alleged incident and that suspicion exists against him that he was capable of understanding the consequences of his act, still in my view no charge can be framed against the accused, as it is well settled that for framing of charge there has to be grave or strong suspicion against the accused," the Judge added.

Accordingly, the Court discharged the accused.

The accused was represented by Advocates Tanveer Ahmed Mir and instructed by a team of Karanjawala & Co., Advocates led by Samarjit Pattnaik – Partner and lawyers Vikas Gogne- Principal Associate and Rahul Tyagi – Associate.

Case Title: State v. Sahil Guleri