MUMBAI: Observing that the term private part is to be interpreted in the context of what it means in “our society”, a special Protection of Children from Sexual Offences (Pocso) court sentenced a 22-year-old man to 5year jail for touching a 10year-old girl’s posterior, reports Rebecca Samervel.
The accused in his defence submitted that the child had stated he touched her private parts and that the posterior did not fit in that definition. The court, though, said while Google, as cited by the defence advocate, may not interpret it as a private part, it was not an acceptable interpretation as far as Indians are concerned.
The court also pointed out that sexual assault as defined under Section 7 of Pocso Act states if the touch is to organs other than those categorised as private parts, then it must be with a sexual intention. “So obviously touching the bum of the girl cannot be said to be without sexual intention,” the court said.
The court also cited the case involving late retired IPS officer KPS Gill, who was convicted for patting an IAS officer’s posterior at a party in 1988. The court said the Supreme Court had held that by touching the body of the complainant with culpable intention, the accused committed offences under the Indian Penal Code Sections 354 (outraging a woman’s modesty) and 509 (insulting a woman’s modesty).
“The same analogy is applicable in the case in hand. As the victim was a child of 10 years on the date of the incident, the provision of Pocso Act attracts for the similar kind of his act touching the posterior of the victim. Thus, the prosecution has succeeded in proving that the accused has committed the said act with sexual intention and outraged her modesty,” the court said.
The incident occurred on September 17, 2017. The child said that at 6pm when she was out to buy bread, she saw four boys sitting outside a shop. She said they laughed and teased her. The child further stated that later when she was on her way to the temple with her friend, one of the boys, came and touched her posterior.