courtroom: No Pocso cost for tugging at scarf, says Calcutta excessive courtroom | Kolkata Information

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KOLKATA: The Calcutta excessive courtroom in a November 15 order had held that tugging on the scarf of the minor lady, or holding her hand, doesn’t fall inside the ambit of sexual assault and sexual harassment beneath the Pocso Act, 2002, however may be punished beneath penal legal guidelines overlaying unwelcome sexual advances and outraging modesty. The HC in its judgment upheld the three-year-prison time period beneath IPC however acquitted the accused from the remaining, together with a four-year jail time period beneath Pocso, 2002.
The incident came about on August 24, 2017 in Murshidabad’s Kandi. The sufferer, a Class-XII scholar, was returning residence from faculty along with her good friend, when the accused, who stayed in her neighbourhood, stopped her, tugged at her scarf and proposed to marry her. The youth threatened to pour acid on her if she refused. The lady’s uncle lodged the FIR three days later, although the police station was very near their residence. The FIR mentioned the incident came about at 4:10 pm. In her first deposition in courtroom, the coed mentioned the incident came about at 10:30 am on August 27. Months later, she rectified her assertion in courtroom saying that the incident came about at 4:10 pm on August 24. The FIR didn’t point out that she was pulled by the arms, however in her assertion earlier than a judicial Justice of the Peace the sufferer mentioned the accused additionally pulled her hand.
Saying “administration of justice can’t be a a method visitors,” Justice Bibek Chaudhuri in his order mentioned, “In a felony trial date of incidence, time of incidence and place of incidence are essentially the most important items of proof which the prosecution is certain to show past any shadow of doubt. If there’s a deviation of the above-mentioned three details, your entire case stays uncertain as a result of the Court docket has each purpose to carry that no such incident came about on the given time within the given method on the given place and the accused is entitled to get advantage of doubt.”

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