A man grabbing a woman's hand in public and saying "I love you" can be defined as outraging her modesty, a spe... Read More

MUMBAI: A man grabbing a woman's hand in public and saying “I love you“ can be defined as outraging her modesty, a special Protection of Children from Sexual Offences ( POCSO ) Act court at Dindoshi recently held. The court made the observation while sentencing a 22-year-old man to one year in jail for accosting a 16-year-old girl in 2015. But the court acquitted him on stalking charges as there was no evidence that he was following her to foster a relationship. As Khadse has already spent nearly a year behind bars--from October 29, 2015, until October 19, 2016--before he got bail, the sentence will be set off against the time spent in jail.

Khadse had sought leniency while citing his age, but the court ruled, “There is no previous accusation or conviction against him, but a jail report dated July 27, 2016, shows that his behaviour was not up to the mark.“

The prosecution had alleged that October 6, 2015, when the teenager and her friend were returning home from college, Khadse first abused her and then suddenly caught her hand and said, “I love you“. The girl told the court that she ran home in tears, followed by her friend, and narrated the incident to her mother.

As Khadse was from the neighbourhood, her mother, friend and she went to his house to confront him. The victim informed the court that when her mother complained to Khadse's mother, the latter refused to listen to them and told them to do as they pleased. The scared teenager did not go college or tuitions for the next two days. Unable to see her daughter living in fear, her mother lodged an FIR against Khadse on October 8, 2015.

In court, the accused denied the allegations and claimed the girl's family had falsely implicated him. But the court refuted his arguments and relied on the statements of the victim, her friend and her mother and pronounced Khadse guilty .

The court also denied that delay in FIR was fatal to the case. It pointed out that the accused was from the same locality and was not in the control of his family. Stating that in such a situation it was right for the girl's mother to think that she should not take action, the court said, “In cases of outraging modesty or sexual harassment delay in lodging FIR is natural because in a conservative society like India, people think more about the future of the victim, than to get justice.“ It further held that the teenager's fear of going to college or tuitions might have prompted her mother to approach the police.

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