Mumbai: Dismissing that skin to skin Contact Ajay In sexual harassment a necessity, a special POCSO court found a 40-year-old Mumbai-based man guilty and sentenced him to five years’ rigorous imprisonment for repeatedly touching the private parts of his 5-year-old daughter on her clothes. The court also denied the defense’s argument that the child had not used the word “finger”. Describing the arguments as surprising, the court said that the relevant section POCSO ACT It does not define how an assailant is to touch the private parts of a child in the event of sexual assault. The offense relating to sexual harassment talks about the sexual intention of the accused.
The court observed that the child had started reacting strangely after the inappropriate touch. “Needless to say that the accused did such (touch) with sexual intention which affects the mind of the minor victim,” the court said.
In 2019, the matter came to light after an alert classroom teacher informed the child’s mother about her unusual behavior of rubbing herself against the corner of a school bench. Refusing to grant leniency to the man, the court observed, “A father is a fort, a trustee of his daughter. In this case the crime becomes even more serious. In the present case, I do not find any mitigating or mitigating circumstances on record to justify a lesser punishment than prescribed by law,” said Special Judge H.C. shende said.
The father had claimed that the mother had falsely implicated him as they often quarreled over his disinterest in taking care of the child. He alleged that the child was tutored. However, the child denied these claims and said that his mother cooked “good food”.
The court said, “The antics of the victim were first noticed by her teacher and then her mother came to know about it, so there is no possibility of false implied by the complaint…”
POCSO Court found a 40-year-old man from Mumbai guilty and sentenced him to five years’ rigorous imprisonment for repeatedly touching his private parts on the clothes of his 5-year-old daughter.
The court observed that the child had started reacting strangely after the inappropriate touch. “Needless to say that the accused did such (touch) with sexual intention which affects the mind of the minor victim,” the court said.
In 2019, the matter came to light after an alert classroom teacher informed the child’s mother about her unusual behavior of rubbing herself against the corner of a school bench. Refusing to grant leniency to the man, the court observed, “A father is a fort, a trustee of his daughter. In this case the crime becomes even more serious. In the present case, I do not find any mitigating or mitigating circumstances on record to justify a lesser punishment than prescribed by law,” said Special Judge H.C. shende said.
The father had claimed that the mother had falsely implicated him as they often quarreled over his disinterest in taking care of the child. He alleged that the child was tutored. However, the child denied these claims and said that his mother cooked “good food”.
The court said, “The antics of the victim were first noticed by her teacher and then her mother came to know about it, so there is no possibility of false implied by the complaint…”
POCSO Court found a 40-year-old man from Mumbai guilty and sentenced him to five years’ rigorous imprisonment for repeatedly touching his private parts on the clothes of his 5-year-old daughter.