In a recent case of Prakash Shaw v. State of West Bengal, the Calcutta High Court upheld the three-year jail term for a man convicted of pawing at a girl while she was walking with her mother. The court, while relying on the consistent testimony of the victim girl, dismissed the plea for probation and emphasized that the benefit under the Probation of Offenders Act, 1958 cannot be availed by convicts under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The court found no reason to doubt the credibility of the victim girl's statements given to the Magistrate and the trial court. It further stated that the non-examination of the victim girl by the police holds no consequence when the victim's statements have a ring of truth. The appellant's counsel argued that the appellant, who was a teenager at the time of the incident, had since become a responsible young man with no criminal antecedents. However, the court held that the special provisions of the POCSO Act supersede the applicability of the Probation of Offenders Act, 1958, relying on relevant Supreme Court rulings.
The incident occurred in 2014 when the appellant allegedly pawed at and touched the victim girl's breast while she was walking with her mother on a footpath. The girl screamed, and the appellant was apprehended. The police registered a case under Section 354A (sexual harassment) of the Indian Penal Code read with Section 8 (sexual assault) of the POCSO Act. The appellant argued that the touch could have been accidental due to the crowded area, but the court noted that the appellant did not express any intent to the contrary upon being caught.
Additionally, the court rejected the argument that a medical examination of the girl was necessary, stating that such an examination is not required in cases falling under Section 8 of the POCSO Act, considering the given facts and circumstances. Taking into account these factors and others, the court upheld the appellant's conviction and sentence.
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TAGS: Probation of Offenders Act 1958 Protection of Children from Sexual Offences Act 2012 POCSO Act Calcutta High Court Prakash Shaw v. State of West Bengal conviction jail term pawing at a girl victim girl's testimony credibility non-examination by police benefit of probation special law Superintendent Central Excise v. Bahubali State v. Ratan Lal Arora sexual harassment Indian Penal Code Section 354A sexual assault Section 8 plea crowded area accidental touch medical examination conviction upheld sentence upheld.
