A 28-year-old electrician was exculpated on Tuesday by a special Protection of Children from Sexual Offences (POCSO) Act court in Mumbai stating that touching a child’s cheeks without any sexual intention is not a wrongdoing. But he was found culpable by the same court for molesting the five-year-old girl’s mother.
The two offences are different but took place at the same time; the court has sentenced the accused to one-year- imprisonment in the 33-year-old mother’s case. The incident took place when the accused came to their home to repair a broken refrigerator.
“Except this case, no other cases are reported against him. He is young, so he can be given an opportunity of curing himself by sentencing for the minimum punishment of one year”, the POCSO court said. Under the Indian Penal Code, the maximum sentence for outraging a women’s modesty is five years in jail. A fine of ₹10,000 has been imposed on the accused.
The incident took place on June 2, 2017, when her husband left for work. She asked the security guard to send the electrician to fix the fridge. After checking the fridge he reported a problem in some part and went to get the needed part.
After coming back he came close to her daughter and felt her cheeks. She scolded him telling not to touch her daughter. Then she asked him to check the washing machine which wasn’t working properly. She went to the kitchen for some work; the electrician hugged her from behind. She pushed him away.
She asked him to leave the house and paid him for the work done. That was the time when he tried to pull her close by her neck. After she retaliated, he went to her daughter standing nearby and again felt her cheeks.
She yelled and pushed him to stop, then called his senior to inform him about the incident. She even called his sister and brother; the latter immediately came and informed the police. The police arrived and arrested the accused. But he was released on bail.
When the child was seven years old she was brought to the court for her deposition but she couldn’t remember the incident.
The court depended on the woman’s statement to convict the accused on charges of molesting her.
Acquitting the accused of the charges with respect to the child, the POCSO court stated that even after listening to the testimony of the mother there was no such behaviour portrayed by the accused which can be called sexual assault to the girl child.
