Touching a minor's cheeks 'without sexual intent not offence', rules POCSO court
New Delhi | Jagran News Desk: "Touching a minor's cheeks without any sexual intent does not amount to an offence," ruled a special Protection of Children from Sexual Offences court (PCSOC) while acquitting a 28-year-old man who was found guilty for molesting a five-year-old girl's mother.
In its order, the PCSOC court said that the accused is "young and can be given another chance of curing" himself by sentencing for the minimum punishment.
"It is for the prosecution to prove the guilt against the accused beyond a reasonable doubt. Even considering the testimony of the mother, as it is, still there is no such overt act on part of the accused which can be termed as sexual assault to the victim girl or amounting to outraging her modesty," the court said, as reported by The Times of India.
The incident happened on June 2, 2017 in Mumbai, when the accused, who is an electrician by profession, entered the woman's house in pretext of repairing a refrigerator.
Remembering the incident, the woman, as per a report by The Times of India, said that the accused "tried to feel" the cheeks of her five-year-old daughter. Following this, the woman said that she scolded the technician and asked him to take a look at the washing machine.
Later, the woman said that she went into kitchen but the man came from behind and hugged her. Stuck with panic, the woman gave the money to the man and asked him to leave. However, the man tried to pull her close and once again tried to feel the cheeks of the her daughter, the woman said, as reported by The Times of India.
The woman later called for help and complained the supervisor about the accused. The accused was arrested by the police later and was presented before a special PCSOC court.
Posted By: Aalok Sensharma