“POCSO Act: Showing Private Parts, Dirty Movies to a Child is Prima Facie ‘Sexual Harassment’: Uttarakhand High Court
July 20, 2024 2024-07-30 11:15“POCSO Act: Showing Private Parts, Dirty Movies to a Child is Prima Facie ‘Sexual Harassment’: Uttarakhand High Court
“POCSO Act: Showing Private Parts, Dirty Movies to a Child is Prima Facie ‘Sexual Harassment’: Uttarakhand High Court
By Astha Bhumish Shah
The Uttarakhand High Court held that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to ‘sexual harassment’ of a child and make out an offence under Section 11 read with Section 12 of the POCSO Act. These observations were made by the Court while upholding an order of the Additional Sessions Judge/ Special Judge (POCSO) Haridwar summoning the petitioner to face charges under Section 11 and 12 of the POCSO Act. The present case had been lodged by the wife (respondent) of the accused who got married in December 2010, it was alleged by her that her husband (petitioner) engaged in repeated acts of anal intercourse with her against her will, causing her severe injuries and bleeding, requiring medical attention at multiple hospitals. She also alleged that her husband subjected their child aged to 8 to 10 months to inappropriate behaviour by showing explicit content on his laptop so that she would succumb to his demand concerning anal sex or forceful oral sex. It was also alleged in the FIR that he would behave very weirdly, throw things in the house, urinate in front of the room, show his private part to the young child and have oral sex forcibly in front of the child. Challenging the FIR, it was alleged by the petitioner that the intention to show nasty scenes on the laptop was not sexual harassment of the child but to pressure his mother, to follow the commands of the petitioner. Thus, it was submitted that no offence was made under the POCSO Act. The Court noted that the mother of the child had made a statement under Section 164 CrPC making all the abovementioned allegations. It further noted that even the child had been examined, wherein he stated that his father does ‘Gandi Gandi Cheeze’ and would show dirty videos. Against the backdrop of these observations, the Court said that sexual intent of the accused petitioner can be presumed under Section 30 of the POCSO Act. It therefore refused to interfere with the summoning order regarding Section 11 and 12 of the POCSO Act. (Dr. Kirti Bhushan Mishra v. State of Uttarakhand & Another – Criminal Misc. Application No. 2697 of 2019)
