‘I Love You’ If you tell, it will be considered a crime and you will be jailed! Big decision of High Court, what is the whole matter after all
Chhattisgarh News: Chhattisgarh High Court has made it clear in an important and strict decision that holding a woman’s hand and pulling her and forcibly saying ‘I love you’ is a crime. Saying this is not an expression of love, but a crime. The court has considered this as a violation of the dignity of a woman. The court laid special emphasis on the fact that such behavior by a young man towards a girl, especially in a rural environment, is highly objectionable.
A single bench of Justice Naresh Kumar Chandravanshi heard the petition of the youth, who was sentenced by the lower court for this act. The age of the accused was 19 years at the time of the incident. Considering the seriousness of the case, the High Court upheld his conviction under section 354 of the IPC.
a lesson to those who tease
This decision of the High Court is a lesson for those who take teasing of girls walking on the street lightly. However, considering the young age of the accused and the nature of the offence, in which there was no other act except holding hands and speaking, the sentence has been reduced from three years to one year rigorous imprisonment.
HC gave relief from POCSO Act
In its order given in the year 2022, the lower court had found the accused guilty of sexual harassment under the sections of the IPC as well as under the POCSO Act. But the High Court examined the case closely and found that the conviction of the accused under the POCSO Act was not legally sustainable. This is because the fact that the victim was a minor on the date of the incident could not be fully proven.
Punishment under section 354 is justified
On this technical basis, the court canceled the punishment given under the POCSO Act. Despite this, the punishment given by the Special Court under Section 354 of the IPC, i.e. on the charge of outraging the modesty of a woman, was absolutely justified. The court accepted that the act of the accused was done with the sole purpose of insulting the dignity of the victim.
Know what is the whole matter?
This entire incident happened when the victim was returning home from school with her younger sister and her friend. Then the accused held her hand and pulled her towards himself and said ‘I love you’ Said. Frightened by this action, the girl got scared and ran away into a nearby tomb.
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During the hearing, state lawyer Prabha Sharma supported the lower court’s decision and called it logical. At the same time, defense lawyer Puneet Ruparel argued that only ‘I love you’ The act itself does not amount to sexual harassment under the POCSO Act and does not prove beyond reasonable doubt that the hand was held with sexual intent.
Instructions to the accused to complete the sentence
After hearing all the arguments, the High Court made it clear that the behavior of the accused was a violation of his dignity. Since the accused is currently out on bail, the court has directed him to surrender before the concerned court and complete his remaining jail term.
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