Man gets 1 year’s RI for pulling hand of 8-yr-old neighbour

Man gets 1 year’s RI for pulling hand of 8-yr-old neighbour

Mumbai:12.10.2021

A 31-year-old man was recently sentenced to one year rigorous imprisonment (RI) for pulling his 8-year-old neighbour’s arm when drunk during Diwali last year. The court reasoned that while the act of holding hands did not reflect any sexual intent, there is cogent evidence to show that the accused used criminal force by pulling the hand of the girl. “The accused had knowledge that such acts will amount to outraging the modesty of the victim,” the special Pocso court said.

While the accused was also booked for touching the minor’s body inappropriately, he was acquitted on those charges. “As far as the accused touching the chest of victim, there is no cogent evidence on record. There is material variance in the evidence and statement of the victim before the police, Metropolitan Magistrate Court and also in the history narrated at the time of medical examination,” the court said. The court further said that there was no evidence on record to establish beyond reasonable doubt that the accused committed sexual assault and caused sexual harassment. The court added that as far as act pulling hand of the victim, there is consistent and cogent evidence and it has gone unchallenged.

The accused was also fined Rs 10,000, out of which Rs 8,000 will be given to the child as compensation. The accused was in jail since November 12, 2020, and his sentence will be set off against the period of detention undergone by him during investigation and trial.

While the maximum sentence for outraging modesty is two years imprisonment, the court said that considering the nature of offence, age of the accused and that his mother is dependent on him, a year’s sentence will meet the ends of justice .Among the four witnesses was the child, her mother, a neighbour and a police officer. The child told the court that the incident took place in November 2020 at 8.30 pm. Referring to the accused as “bewda uncle” (drunkard uncle), she confided in her mother. The father confronted the accused and then went to the cops. The neighbour told the court that on the day of incident he had seen the accused very drunk, hence, asked him to go home. Relying on the witness statements, the court said, “The evidence on record reflects that the accused was in an inebriated state at the time of incident. The accused has pulled the hand of the victim and the victim felt bad and therefore she has immediately informed her mother and the report came to be lodged.” TNN