The Madras High Court has observed that whistling at a minor girl and pulling her hand after she failed to respond does not, by itself, amount to sexual harassment or sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
Justice M Nirmal Kumar made the observation while suspending the three-year prison sentence awarded to a man by a special POCSO court. The sentence will remain suspended until the disposal of his appeal challenging the trial court’s conviction.
According to the prosecution, the accused allegedly whistled at the minor while standing on a balcony. When the girl ignored him, he reportedly came downstairs and caught hold of her hand. The girl freed herself and later informed her mother about the incident.
Examining the statements of witnesses and the material on record, the High Court noted that the accused’s alleged act was limited to calling the girl by whistling and pulling her hand after she did not respond.
The court said such conduct could not be “straightaway termed as sexual intent” and, at best, amounted to harassment rather than an act of sexual assault. It observed that the trial court’s findings required reconsideration in light of the available evidence.
Noting that the appeal raised arguable legal issues and that its final hearing was likely to take time, the High Court suspended the sentence imposed on the appellant.
The accused, in his appeal, claimed the case stemmed from an earlier altercation with the victim’s father, during which the two had allegedly exchanged blows. He contended that the girl’s parents falsely implicated him in a POCSO case by alleging sexual assault after taking advantage of the victim’s minority.
