Delhi HC upholds verdict convicting man for forcibly kissing 10-year-old

“Version of the prosecutrix is duly corroborated by her father who was just 10-15 steps behind her and would have in the meantime turned towards the road leading to the school and hence a natural witness. Soon after the incident, the appellant was taken to the police station and statement of the victim was recorded and on the next day statement under Section 164 CrPC was recorded, thereby diminishing any possibility of tampering or tutoring,” said the court.

It further noted that the minimum sentence prescribed for the offence is five years and maximum is seven years. “There is no previous involvement of the appellant. During the course of trial and the pendency of the appeal, the appellant has been in continuous incarceration,” said Justice Gupta, while reducing the sentence by one year.

The accused was convicted by the trial court in September 2019. According to the police, he had “suddenly caught hold” of the victim, a Class V student, and “forcibly kissed on her cheek” while she was walking towards her school. When the victim raised an alarm, her father reached the place and overpowered the accused with the help of other people, the prosecution had told the trial court.

Before being convicted, the accused had told the trial court that while he was passing through the spot, the victim was coming from the opposite direction and his hand accidentally touched the victim, for which he had immediately apologized to her father. However, he told the court, the father of the victim did not accept the apology and started beating him.