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Mumbai Special Court Convicts Man Under POCSO Act
The designated POCSO judge Madhuri Anup Baraliya convicted a man under Section 235(2) of the Code of Criminal Procedure for offenses punishable under Section 354 and 354-A of the Indian Penal Code of 1860 and Section 10 of the Protection of Children from Sexual Offences Act of 2012.
The special court opined that the definition of 'private part' should be interpreted in a social context. The exclusion of 'bum' from private parts on Google may not be considered an acceptable interpretation, especially in Indian society. The judge also considered if 'touching of bums' by the accused was an offense under Section 7 of the POCSO Act which states that whoever touches the vagina, breasts, anus, or penis of a child or commits any other sexual act which includes physical contact without penetration is considered a sexual assault.
The court observed that the accused had touched the posterior of the victim which cannot be deemed a non-sexual act. The representative of the accused refuted that 'bum' is not a private part as claimed by the victim's father who had filed a complaint after he had received a call from home that his daughter was 'teased' by someone. The defense further argued that there is a difference between teasing and touching.
The petitioner's side stated that the victim girl was scared after the event and had told her mother about the incident immediately after it took place. her father too filed a complaint at the police station right away. Therefore, there was no reason to not believe the victim.
The bench pointed out that the minor girl said that her 'private part' was touched, and considering the choice of words of the victim it may be assumed that not only was she touched, but she was touched in an inappropriate manner as well.
The accused has been sentenced to rigorous imprisonment of five years and a fine of 10,000 rupees. In case he does not pay the fine he would be sentenced to additional two months in jail.
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