Madras HC: Whistling at minor, pulling hand not sexual assault
What's the story
The Madras High Court has ruled that whistling at a minor girl and pulling her hand does not amount to sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The ruling came while hearing an appeal by Mandai alias Manogaran, who was convicted by a Special POCSO Court in Chennai for an incident in March 2020, News18 reported. The court observed that such behavior amounts to harassment rather than sexual assault.
Case background
What was the case against Manogaran
The incident took place on March 1, 2020, when Manogaran whistled at a minor girl from his balcony as she walked to her aunt's house.
When she ignored him, he allegedly came down, pulled her hand, and smiled at her with what was interpreted as sexual intent.
The girl managed to escape and told her mother about the incident, leading to a police complaint the next day.
Appeal proceedings
Defense claims actions did not amount to sexual assault
The Special POCSO Court convicted Manogaran on June 6, sentencing him to three years of rigorous imprisonment and a fine of ₹1,000.
However, during the appeal proceedings, the High Court questioned whether the allegations amounted to sexual assault under Section 8 of the POCSO Act.
The defense argued that pulling her hand by force did not constitute sexual assault but could be classified as sexual harassment under Section 11.
Testimony and bail
HC suspends jail term pending review of conviction
The prosecution maintained that the girl's account was consistent throughout her statements to police, a magistrate, and during trial court deposition.
However, the High Court found that these actions only involved whistling, calling her, and grabbing her hand.
The court concluded that these actions raised genuine questions warranting further examination.
Consequently, it suspended Manogaran's three-year jail term pending a review of his conviction under POCSO Act provisions.