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Subsequent is a private party, says court in conviction of Pocso case | India News


MUMBAI: Observing that the term private party must be interpreted in the context of what it means in “our society”, a special court for the Protection of Children against Sexual Crimes (Pocso) sentenced a 22-year-old man to 5 years in prison for touching the butt of a 10-year-old girl, reports Rebecca Samervel.
The defendant in his defense alleged that the minor had claimed to have touched her private parts and that her butt did not fit that definition. However, the court said that while Google, as quoted by the defense attorney, may not interpret it as a private party, it was not an acceptable interpretation as far as Indians are concerned.
The court also noted that sexual assault, as defined in Section 7 of the Pocso Law, establishes that if the contact is in organs other than those classified as private parties, then it must be with sexual intent. “So obviously you cannot say that touching the girl’s butt is without sexual intent,” the court said.
The court also cited the case involving retired IPS officer KPS Gill, who was convicted of patting the butt of an IAS officer at a party in 1988. The court said the Supreme Court had held that by touching the plaintiff’s body With guilty intent, the defendant committed offenses under sections 354 of the Indian Penal Code (outraging the modesty of a woman) and 509 (insulting the modesty of a woman).
“The same analogy is applicable in the case at hand. As the victim was a 10-year-old boy at the date of the incident, the provision of the Pocso Law appeals for a similar type of act that touches the victim’s butt. Thus, the prosecution has succeeded in showing that the accused has committed this act with sexual intent and outraged her modesty, ”the court said.
The incident occurred on September 17, 2017. The girl said that at 6 p.m. when she went out to buy bread, she saw four children sitting outside a store. She said they were laughing and making fun of her. The girl further said that later, when she was heading to the temple with her friend, one of the boys came over and touched her butt.

Times of India