Bombay HC - showing private part & opening pant's zip not sexual crime
The Bombay High Court again gave such a verdict under the Pokso Act of the Bombay High Court.Pulling the zipper of the pants or showing the genitals does not fall under sexual harassment. Nagpur Bench Judge Pushpa Ganediwala ruled that she was not sexually harassed even though she was forced to hold her hand.
A 50-year-old man forcibly grabbed a five-year-old girl, unzipped her pants in front of her and showed her genitals. In the wake of that incident, the Sessions Court imposed a fine of Rs 25,000 and five years imprisonment, but the Nagpur Bench of the Bombay High Court, by interpretation of the law, sentenced the accused to one year rigorous imprisonment under sections 354 and 342 of the Indian Penal Code. Explaining the law, Justice Pushpa Ganediwala said that unzipping pants or showing genitals does not constitute sexual harassment. Because it did not come in contact with the skin. So it can be categorized as sexual harassment.
The baby's mother alleged that the 50-year-old man grabbed her 5-year-old daughter's hand and forced her to go to bed. In between, he unzipped his pants and showed his genitals. Although the accused was first convicted under the Pokso Act in the Sessions Court on the basis of his allegations, it will be quashed by the Nagpur Bench of the Bombay High Court. He argued that the law did not apply to skin penetration or penetration.
In a separate incident a couple of days ago, Nagpur Bench Judge Pushpa Ganediwala ruled, "If you want to prove sexual abuse of a minor, you have to prove that you had sexual intercourse." On the other hand, even if the breasts are touched without taking off the clothes, it will not be subject to sexual harassment. This judgment has been given in accordance with Article 7 of Pokso. The Bombay High Court has given such a verdict in the case of sexual harassment of a 12-year-old girl.
In this incident, a man called the girl at home and treated her rudely. She tried to open the dress with her hands on her breasts. But at that moment, his mother came and tried to leave the girl. An FIR was lodged in his name at the local police station. The man was arrested on the basis of the allegations and then dragged to the Bombay High Court. The High Court ruled that the man was not guilty under the Pokso Act. However, he was convicted under sections 354 (indecency) and 342 (forcible detention). Because in this case there was no incident like touching and penetration of the skin of the minor.