POCSO Cas: The Madras High Court has granted bail to a person convicted under the Protection of Children from Sexual Offences (POCSO) Act . The court made it clear that a thorough judicial inquiry into the allegations and evidence in this case is necessary. Based on the available evidence, the act of pulling the hand of a minor girl for not responding to a whistle can be considered prima facie ‘harassment’, but it cannot be directly considered as ‘sexual assault’, the court observed.
Important observation of the court
Justice M. Nirmal Kumar made this significant statement while hearing a petition filed under the Indian Civil Security Code (BNSS) seeking stay of the trial court’s sentence. The judge noted, “The evidence on record shows that the accused first wanted to whistle at the girl and when she ignored him, he held her hand. Such conduct can prima facie be considered harassment; however, it cannot be immediately concluded that the act was done for sexual motives.” The High Court also clarified that the findings of the trial court need to be reconsidered during the appeal period.
What exactly was the incident?
In this case, the accused was earlier convicted under Section 8 of the POCSO Act and sentenced to 3 years imprisonment. According to the prosecution (government side), the victim girl and the accused’s family lived in the same residential complex. When the girl was passing through the gate of the complex, the accused whistled at her from the gallery on the first floor. When the girl ignored him, the accused came down and pulled her hand.
Defense argument and bail granted
The defense lawyers argued in the court that the false case was registered due to a personal dispute between the accused and the girl’s father. They claimed that the criminal complaint was filed after a fight between the two families. Considering the legal issues in the case and the possible delay in hearing the appeal, the High Court stayed the trial court’s sentence till the final decision. The court ordered the accused to be released on bail on a bond of Rs 5,000 and two sureties.