Mumbai: A POCSO Court, observing that the word “item” when used to address a girl is only used to objectify her sexually and nothing else, convicted and sentenced a 25-year-old businessman to one and a half years imprisonment for sexually harassing a 16-year-old girl by pulling her hair and saying “kya item kidhar ja rahi ho?” when she was on her way back from school in 2015. The court also found out that the accused had been following her with a “sexual intent” for a month.
The Special Judge Mr. S J Ansari while refusing to let off the accused on a bond of good behavior or show undue leniency, said, “Such offences need to be dealt with a heavy hand as a lesson needs to be meted out to such road-side Romeos, in order to protect women from behavior that is uncalled for.”
While the POCSO Court was convicting and sentencing a businessman to one and a half years jail for sexually harassing a 16-year-old girl, the court rejected his claim that he was falsely implicated as her parents were against her friendship with him. The minor deposed in court only in July this year.
The only witness to depose, the minor submitted in the court that on July 14, 2015, at about 1.30pm when she was on her way to school, the accused was sitting in the lane from where she was proceeding. He was with his friends. She further deposed that when she returned from her school at about 2.15p.m, the accused was still sitting on his bike in the lane.
The minor said that on seeing her, the accused came behind her, pulled her hair and uttered the words. She said that she pushed him and told him not to do so. However, the accused started abusing her and said that he could do what he wanted. The minor immediately dialed 100. Immediately the police came to the spot, but the accused fled. The child then informed her father about the incident. Subsequently, an FIR was lodged. The Police then arrested the accused. The accused by then also secured an anticipatory bail. The lawyer of the accused submitted that false charges were leveled against him as the girl’s parents were against her friendship with him. The court, however, pointed out that the minor denied such a suggestion and the accused had neither examined himself nor any other witness in support of his contention. The court said that the evidence presented was reliable and trustworthy, and had a ring of truth to it.
“Further there is no material brought on the record to show that there was any reason for the victim to depose falsely against the accused. The judge said I am, therefore, of the opinion that the prosecution can be said to have proved the fact of the accused with sexual intent, repeatedly or constantly following the child on the day, period and place as alleged thereby sexually harassing her..,” the court said. The accused was sentenced to judicial custody.
