In a recent judgment, a special POCSO (Protection of Children from Sexual Offences) court in Mumbai sentenced a 19-year-old man to two years of rigorous imprisonment. The court found him guilty of molestation for holding the hand of a 14-year-old girl and professing his love to her. The incident, which occurred in September 2019, led to the accused being charged under the Indian Penal Code (IPC), although he was acquitted of the more severe charges under the POCSO Act.
The court proceedings, overseen by Judge Ashwini Lokhande, detailed that the minor girl had been approached by the accused on the first floor of a building where she was sent to buy tea dust. The interaction, where the accused held her hand and expressed “I love you”, was deemed by the court to have outraged the modesty of the young victim.
During the trial, the prosecution brought forward four witnesses, including the victim and her mother, to corroborate the events. The accused, on the other hand, maintained his innocence, claiming that he was in a romantic relationship with the girl and that she had invited him to meet her on the day of the incident.
However, the court dismissed these claims, highlighting inconsistencies in the accused’s story. Judge Lokhande pointed out that if there were a consensual relationship, the girl would not have immediately reported the incident to her mother in distress. Furthermore, the accused’s aggressive response when confronted by the girl’s mother post-incident further undermined his credibility.
The court found the testimonies of the victim and her mother to be consistent and trustworthy. The suggestion of a romantic involvement was explicitly denied by both witnesses, reinforcing the credibility of their accounts.
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The judgment emphasized the importance of protecting minors from such offenses, with Judge Lokhande stating, “It is established that the accused applied criminal force to the victim by holding her hand while she was proceeding to bring tea dust. The words uttered by the accused certainly outraged the modesty of the victim who was 14 years old at the time of the incident.”
