POCSO Court rules that Posterior is a private part, sentences accused to jail for five years

A special POCSO court has observed that the term private part should be interpreted in the context of what it means in our society. This observation was made when the Court sentenced a 22-year-old man to five years in jail for touching a ten-year-old girl’s posterior, the Bench opined that the man touched the girl’s body with sexual intent.

In his defence, the man stated that the child has stated that he touched her private parts, but posterior did not fit that definition. He submitted that the definition of posterior was different as per google.

However, the Court opined that it was not an acceptable definition when Indians are concerned.

The Court pointed out that sexual assault, as mentioned in Section 7 of the POCSO Act states that if touch was to organs other than those defined as private parts, the touch was with sexual intention. Therefore, the Court held that the man touched the girl’s bum with sexual intention.

Hon’ble Court cited the case of late IPS officer KPS Gill who was convicted for patting an officer’s posterior in 1988. In that case, Apex Court held that by touching the body of the complainant with culpable intention, the accused committed offences u/s 354 and 509 of IPC.

According to the Court, the prosecution was successful in proving that the man touched the girl’s posterior with sexual intention, and therefore he was convicted as per the POCSO Act.

Background:

As per the victim, on 17.09.2017 when she went out to get bread, she saw four boys sitting outside the shop, and they teased and laughed at her. Later, when she was going to the temple with a friend, the accused touched her posterior while the other boys laughed.

She came back home and informed her mother, who narrated the incident to the girl’s father. Later, the father apprehended the accused and handed him to the police. In Court, the girl identified the accused.

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