Pulling Girl's Dupatta, Holding Her Hand With Sexual Intent Punishable U/S 354 IPC, POCSO Act: Mumbai Special Court

The court noted that sexual offences against children are increasing and cause a very adverse impact on the victim, her family and on the society, leading them to believe that the house and nearby vicinity is not safe for children.

"Definitely, such type of incident causes terror in the mind of people, victim and her family members and leave scar for longer time", the court added.

Special Judge Priya Bankar convicted the man under Section 354 (assault or criminal force to woman with intent to outrage her modesty) and Section 506 (criminal intimidation) of the IPC as well as Section 8 (Punishment for sexual assault) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The court imposed a fine on the man and awarded Rs. 15,000 as compensation to the victim girl under section 357(1) of the Cr.P.C.

The prosecution's case was that the man pulled the victim's dupatta and held her hand while she went out of the house to purchase some household articles. The victim was 15 years old at the time and was studying in 10th standard.

Once the victim shouted that she will inform the incident to her father, the accused threatened that he will beat her father up, it was alleged. The victim's father filed police complaint at Mahim police station.

During trial also the victim testified that the accused used to stand in front of her house and follow her to her school. When her family members learned about it, they pursued the accused but didn't lodge a police complaint.

The court observed that section 30 of the POCSO Act provides for presumption of culpable mental state of the accused. The accused has to prove beyond reasonable doubt that he had no such mental state. Accused can present his defence for the same.

The defence of the accused was that there was an affair between him and the victim. The court refused to accept this defence as the victim was a minor at the time of the incident. The court further noted that these allegations are denied by the minor girl and her father.

The defence also argued that the victim's testimony is inconsistent as she said her scarf was pulled in her statement before the magistrate. The court didn't accept this as there is not much difference between dupatta and scarf. The court said that this inconsistency is insufficient to disbelieve the entire incident.

"The accused was present on the spot and he has committed offence with the minor victim girl with sexual intent and had a physical contact with the victim girl and thereby committed offence of sexual assault", the court concluded.

The court noted that the evidence shows that the accused threatened to beat victim's father after entering his house. This amounts to criminal intimidation and the prosecution has proven the offence under section 506 of IPC.

"The prosecution has brought on record sufficient evidence to prove that the accused has committed offence punishable under section 354 and 506 of Indian Penal Code and under section 7 punishable under section 8 of the POCSO Act", the court stated.