October 1,2017:

A minor girl had named Accused as “having bad eye on her” in her statement to Court.

In an important ruling, Bombay HC has held that looking lecherously at minor boy or a girl is punishable under Protection of Children from Sexual Offences (POCSO) Act, 2005.

Justice AM Badar expounded that,“Watching a child with the sexual intent comes under the mischief covered by Section 11, POCSO Act” while rejecting the petition filed by the two Daman residents.

Section 11, POCSO Act has defined ‘sexual harassment of a child’, and includes words ‘constantly watching a child with the sexual intent’. This offence is punishable by up to three years’ imprisonment and the fine under Section 12 of POCSO Act.

Justice Badar while referring to referring to fact that the minor girl had named accused as “having bad eye on her” in her statement to the Metropolitan Magistrate,“Therefore, it cannot be said that there are no sufficient grounds to proceed against accused for offence as defined by the Section 11 and made punishable under Section 12, POCSO Act",.

Duo had approached HC, seeking to quash the FIR against them under provisions of POCSO Act on the grounds that FIR was based on the vague complaint and there was no material to proceed ahead with trial of duo.

Justice Badar further added that there was material to proceed against accused as victim herself had stated that he always “looked at her with the bad intention”, and Whether the act was with the“sexual intent” or not is a matter of fact that can be decided only by Trial Court.

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