‘Slap not a sexual act’: Bombay HC drops Pocso charge against teen

The Bombay HC held that the allegations arose from a school-related altercation and lacked the sexual intent needed to invoke the Pocso Act.

The Bombay High Court on Wednesday discharged a 19-year-old student from the charge of sexual harassment in a case filed under the Protection of Children from Sexual Offences (Pocso) Act. The 19-year-old has been accused of following, slapping and abusing a 17-year-old girl. The court held that the allegations stemmed out of a school-related altercation and did not disclose any “sexual intent” necessary to invoke the stringent legislation.

The Bombay High Court discharged a 19-year-old student from a Pocso charge, holding that the allegations did not establish the sexual intent required under the law (Bhushan Koyande/HT)

A single-judge bench of Justice Shivkumar Dige, however, directed that the teenager continue to face trial for offences under the Indian Penal Code (IPC), including charges of stalking, insulting the modesty of a woman, and voluntarily causing hurt.

The court was hearing a petition filed by the boy, who had challenged a special court’s order passed in February 2020 refusing to discharge him from the case.

Student challenges special court order

According to the prosecution, the incident occurred in February 2020, when the victim was returning home. The accused allegedly followed her, abused her and then slapped her across the face, causing injury.

HC finds no sexual intent

Represented by advocates Abhijeet Desai, Mohini Rehpade and Vijay Singh, the accused argued that he is a 19-year-old student with no criminal antecedents. He said the incident arose out of a childish fight between them and he confronted the victim about it later.

“There was no sexual intent, which was not considered by the special court before passing the order against him. No ingredients of Section 12 of Pocso are attracted in the complaint,” said the boy’s counsel, urging the court to consider his plea.

The state opposed the plea, contending that slapping and abusing the victim showed sexual intent and justified charges of outraging the modesty of the victim.

The court, however, observed that while the case attracted charges under the IPC, the requirement of sexual intent under the Pocso Act was absent. It said it appears that the accused was angry with the victim’s behaviour in the school and wanted to confront her about it. “It does not appear that the accused had sexual intent as described in Section 12 of the Pocso Act. No case is made out against him under the Act,” the bench concluded.