Holding that winking & blowing kisses are sexual gestures that amount to sexual harassment, a Pocso Court sentenced a twenty-year-old to a year’s rigorous imprisonment last week, about thirteen months after a 14-year-old complained about him to the police.
He was also fined Rs 15,000, of which Rs 10,000 will be given to the girl at the end of the appeal period.
The child told the Court that on Feb 29, 2020, when she was out with her sister, the accused, who lived in her neighbourhood, winked at her & blew flying kisses at her. The child said that earlier, too, the accused had committed similar acts.
In her cross-examination by the defence, she denied the suggestion that there was a bet for Rs 500 between her cousin & the accused over his pursuing her.
The child’s mother, in her deposition, said that she complained to her about the accused’s behaviour, adding that she confronted him & then went to the Police after which he was arrested.
The defence advocate submitted that the acts described by the child & mother could not be termed as those committed with any sexual intention. The defence claimed that a proper investigation was not carried out.
The court concluded that there was no evidence to show that the witnesses had any reason to falsely implicate the accused.
The Court said that “Moreover, there is consistent evidence that accused was confronted after the incident. If the evidence on record is perused, then the acts of the accused of winking & giving flying kisses constitute a sexual gesture, thereby causing sexual harassment to the victim,”.
The defence advocate submitted that the acts described by the child & mother could not be termed as those committed with any sexual intention. The defence claimed that a proper investigation was not carried out.
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