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- Delhi HC: Touching Minor’s Lips Without Wrong Intent Not An Offense Under POCSO
New Delhi13 minutes ago
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The Delhi High Court has cited the decisions of the Supreme Court in its judgment.
The Delhi High Court on Friday said that without the wrong intentions, the lips of the minor cannot be considered sexually harassment under the gold Prevention of Children from Sexual Offenses (POCSO) without wrong intentions. This action will be considered a violation of the dignity of the girl and the dissolved case.
Justice Swarn Kanta Sharma said in a judgment that with the intention of dissolving the modesty, a case is made under Section 354 of the IPC to attack a girl or use force. The court ruled on 24 February.
Improper physical contact against girl’s self -esteem A case was registered under Section 10 of the POCSO Act and Section 354 of the IPC on the 12 -year -old minor girl’s uncle. The High Court upheld the charge under Section 354, but acquitted the POCSO Act. The accused challenged the decision of the lower court in the Delhi High Court.
The minor girl was left by her mother in childhood. She was living in the care center. She came to meet her family at the time of the incident. The court said that unfair physical contact with a girl expecting the family to get safety and affection violates her dignity and self -esteem.
Other big things related to the decision …
- Citing the decisions of the Supreme Court, the court said that the dignity and autonomy of the woman or a minor girl should be respected.
- The girl did not say anywhere in her statements that she had sexual harassment or any such attempt.
- Even slight physical contact when an intention or deliberate is likely to dissolve the modesty. This is sufficient for Section 354 of the IPC.
- When a person is in danger of prison punishment, the trial court is expected to give a decision on the basis of appropriate arguments and evidence.
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