AN ACT OF DRAGGING A MINOR AND PROPOSING HER, DOES NOT CONSTITUTE SEXUAL ASSAULT

An act of dragging a minor girl's scarf, pulling her hand, and proposing to her does not come within the meaning or definition of sexual assault under Section 7 of the Protection of Children from Sexual Offences Act. Single-judge Justice Bibek Chaudhuri of the Calcutta Hc said that the accused could be held liable for offenses such as sexual harassment read with criminal intimidation of the IPC. 

The Court heard an appeal against the order passed by the trial Court. The Trial Court convicted the appellant u/s Sections 8 (sexual assault of a minor) and 12 (Sexual harassment) of the POCSO Act and u/s 354, 354A (2) (sexual harassment), 506 of the Indian Penal Code. 

As per the prosecution, On 24 August 2017, the victim returned from school when the accused dragged her scarf and proposed her for marriage. The convict also allegedly threatened to throw an acid attack if she refused. The Trial Court held that dragging the victim's orna and proposing her was done with a sexual intent to outrage her modesty. Therefore, the convict committed sexual assault and harassment. 

The High Court noted that there were irregularities in the statements made by the victim. The victim asserted different dates and times under oath, although irregularity was corrected when the victim was made to depose again. The Court said that the prosecution's story has to be considered with a pinch of salt. 

After hearing the parties, the Court held that even if the allegations against the appellant were true, they would not constitute an offense under the Act. The HC acquitted the convict of offenses under Sections 354, 354B, and 509 of the Indian Penal Code as well as Sections 8 and 12 of the POCSO Act. Sections 354A(1)(ii) and Section 506 of the IPC were affirmed.

Author: Papiha Ghoshal