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

Team SoOLEGAL 19 Feb 2021 4:23pm

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

A special POCSO Court had sentenced a man for five years of jail for intentionally touching the victim’s posterior and also was of the view that, the accused had touched the girl’s body with sexual intent. As per the victim, the accused had touched her private parts but the accused had argued that, posterior does not come under the definition of private parts. The Court had stated that, the meaning of the term private part should be interpreted in the context of what it means in Indian society.

According to the victim, when she was visiting a temple with one of her friend, at that time the accused had touched her posterior, while the other friends of the accused were laughing. The 10 year old girl had narrated this incident to her parents and her father had lodged a complaint to the nearest police station and the police officials had arrested the accused. The girl had recognised the accused in the Court. 

The Court had observed that sexual harassment, as referred to in Section 7 of the POCSO Act, states that, where contact was between organs other than those identified as private parts, contact was sexually deliberate. The Court therefore, held that the man had touched the girl's bum with sexual intent.

The Court had referred to a case of Supreme Court where late IPS officer KPS Gill was held guilty under Section 354 and Section 509 of Indian Penal Code, 1860, for touching the body of the complainant with culpable intention. In this case, the POCSO Court had noted that, the prosecution had successfully proved the case and hence, the accused was convicted as per the POCSO Act.

Tagged: POCSO Court   sexual harassment   POCSO Act   Supreme Court   Indian Penal Code  
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Darshan Singh   19 Feb 2021 6:37pm
Highly informative and enlightened topic of Posco

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