Special court in Mumbai sentenced a man to three years imprisonment for sexual harassment of a minor. (File)Rejecting an accused’s contention that there was a difference between a dupatta and a scarf, a special court in Mumbai on Tuesday sentenced a man to three years imprisonment for sexual harassment of a minor.
The accused had in his defence claimed that there were inconsistencies in the victim’s allegations as she had in one statement said that he had pulled her dupatta and in court had said that he had pulled her scarf.
“…there is not much difference between dupatta and scarf. Both are used near the neck and the same type of cloth, which women wear. Absolutely, no difference even if the victim has once called it dupatta and other time as a scarf. The said inconsistency, is not at all sufficient to disbelieve the entire incident which has taken place with the victim,” the special court said. It also said that there was a time span between the statements recorded by the magistrate and her testimony in court. “…if at all there is any discrepancy, it is bound to be due to the lapse of time. Even here it (the accused’s contention) cannot be considered as dupatta and scarf has the same meaning. So for that reason, evidence of the victim cannot be discarded,” the court said.
In 2017, an offence was registered under the Protection of Children from Sexual Offences Act and other relevant sections of sexual harassment of the Indian Penal Code against 20-year-old Mohammad Zaid. The victim was a 15-year-old Class X student at the time of the incident.
Her complaint said that the accused had pulled her dupatta when she was out to purchase household articles on December 1, 2017. She had also said in her complaint that he held her hand. When she said that she would inform her father, the accused threatened to harm him. The prosecution had submitted that the accused would follow the victim to her school and stand near her home and make gestures. Her father had warned him about his behaviour but the harassment continued.
“There is increase in sexual offences against children. There is a very adverse impact of the incident on the victim girl, on her family members and even on the society. They are under the impression that the house and nearby vicinity is not safe for children and it is going to cause an alarming situation in the society. Definitely, such type of incident causes terror in the mind of people, victim and her family members and leave scar for longer time,” the court said.
It found Zaid guilty of sexual harassment and criminal intimidation.