Simple blow on child’s back is not sexual harassment, says Delhi court
The ASJ said that it was required by the prosecution to show that at the time of alleged quarrel, the accused committed offence of sexual harassment and with a specific sexual intent. (Representational image) The ASJ said that it was required by the prosecution to show that at the time of alleged quarrel, the accused committed offence of sexual harassment and with a specific sexual intent. (Representational image)
A ‘simple blow’ on a child’s back does not amount to sexual harassment since, under the POCSO (Protection of Children from Sexual Offenses) Act, sexual harassment must be done with a ‘sexual intent’, a special court said on Friday.
Additional Sessions Judge Ashwini Kumar Sarpal, while hearing a 2015 case, said that “vague” and unspecified allegations made against the accused — that he had misbehaved with the victim by giving blow on her back — is “not sufficient” to “invoke” provisions of POCSO Act against him.
“The act and conduct of the accused does not even point out that there was a sexual intent on his part in giving blow of his hand on the back of the victim. The record points out that it was the incident of simple quarrel, which cannot be stretched into sexual harassment by any imagination. Even if during quarrel, the accused gave hand blow to victim on her back, then that act will not amount to showing any feeling or indication of sexual intent (sic),” stated the judge in the order.
The ASJ said that it was required by the prosecution to show that at the time of alleged quarrel, the accused committed offence of sexual harassment and with a specific sexual intent. “Simply saying by the victim that ‘chhed chhad’ (teasing) was done is not fulfilling the ingredients of Section 11 of the POCSO Act,” the court said.
The case dates back to July 7, 2015, when two sisters, including a minor, were going to school on a scooter. The accused allegedly came in front of them, threw garbage on the road and obstructed the girls. Court records state that the accused spit on the victim and “misbehaved” with her after giving a “blow on her back with his hand”. On the basis of this complaint, a case of molestation and under POCSO Act, among other sections, was registered.
The girl and her family alleged that “chhed chhad” had taken place. However, court records stated that in the statement under section 164 of the CrPC, “not a word” has been uttered by the girl regarding this alleged misbehaviour or “chhed chhad”.
The court also noted that the chargesheet states the girl and her family have instituted 14 similar cases against the accused and other neighbours.
“Accordingly, after considering the chargesheet, I am of the opinion that no offence under Section 12 of the POCSO Act regarding commission of sexual harassment is made out. The other offences which may be made out from the allegations are triable by the magistrate,” the court ordered.
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