April 11, 2021 12:55:07 am
A 20-year-old man was sentenced to one year in jail by a special court for winking at a minor girl and giving her flying kisses.
The man had been in jail since last March. The court, in its order earlier this week, directed that his sentence to be set off for the period of detention he had already undergone as an undertrial. “If the evidence on record is perused, then the acts of the accused of winking and giving flying kisses constitute a sexual gesture, thereby, causing sexual harassment to the victim,” the special court said. It added that the prosecution had proved that the man had “breached” the girl’s modesty.
On February 29, 2020, the 14-year-old girl had informed her mother that the convict had sexually harassed her multiple times by winking and blowing kisses at her.
The mother had then filed a complaint of sexual harassment with the LT Marg police station under Section 354 of the IPC and the Protection of Children from Sexual Offences Act (POCSO). During trial, the victim, her mother and the investigating officer were examined. The court said the statements were consistent to prove the man’s guilt.
The convict had submitted that he was falsely implicated owing to a bet between the girl’s cousin and him. He had also claimed that the girl’s mother did not approve of him talking to the girl, as they belonged to different communities.
The court said except bare suggestions, nothing was brought on record to show that the case was false. It added that the accused had not been able to prove that POCSO Act charges were brought against him with any sexual intention or motive.
The court said the convict was 19 at the time of the incident and thus, leniency can be shown to him. “Considering the nature of the offence, some leniency can be shown to the accused to extend him an opportunity to lead a good life.” It directed him to pay Rs 10,000 as compensation to the girl.
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