The accused was held guilty of the offences committed under the Indian Penal Code as well as relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act
Representational pic/iStock
A special court has sentenced a 27-year-old man to three months’ imprisonment for sexually harassing a minor on board a local train in 2019. The court noted that travelling in the general compartment does not justify any male passenger repeatedly touching a woman, according to a news agency.
The accused was held guilty of the offences committed under the Indian Penal Code as well as relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act.
This incident occurred when the victim and her brother boarded a train. The accused also boarded the same train and stood near her. When the train reached a station, the accused came close to the victim, started pushing her, and repeatedly touched her thigh. The court accepted the testimony of the victim and her brother, noting that the victim’s account of being followed and touched was reliable.
The defence challenged the victim’s testimony because she had a first-class pass and therefore had no reason to travel in second class during peak rush hour.
The court made an important statement that the fact that the victim was travelling in a second-class compartment was insufficient to discredit her testimony. More importantly, it is said that though the compartment in question was not reserved for women passengers, this does not justify any male passenger repeatedly touching a woman.
That is key here. There can be no justification for molestation. Just because a woman is out alone at night for whatever reason, touching her cannot be justified. Like, if she wears clothing that may be perceived as revealing, one cannot justify unwanted attention or pursuit. If she has had a few drinks and is intoxicated, that cannot be a justification for touching her. There is no justification. Ever.
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