Holding Sagira's hand, unbuttoning pants is not sexual harassment: Bombay High Court

Mumbai, Ta. Thursday, January 28, 2021

Holding the hand of a minor and untying his pants can not be termed as 'sexual harassment' or 'serious sexual assault', said a Nagpur bench of the Bombay High Court. Pushpa Ganediwala has stated in the verdict.

Justice in a month. This is the second such ruling given by, which is being discussed a lot. Earlier, a 39-year-old man was acquitted in a case of sexual harassment of a minor. In which the judge noted that there was no skin-to-skin contact with sexual intent.

Justice on 15 January. Ganediwala gave the aforesaid verdict. The 50-year-old accused challenged the sessions court's order for sexually abusing a five-year-old girl.

The convicted Leibniz Kujur was sentenced to five years in prison under various sections. In the judgment, the judge noted that the government party had stated that the accused had entered the girl's house with the intention of sexual harassment but could not prove the allegation of sexual assault or serious sexual assault.

The High Court noted that the definition of sexual harassment under the Poxo Act states that the intention of sexual intercourse requires physical contact. Holding the victim's hand or opening the pants chain does not fit the aforesaid definition, Justice said. Ganediwala said.

It is not enough to convict the accused from the facts of the present case. At most, molestation is a minor offense. According to the government party case, Kujur entered the house on February 12, 2018 when the victim's mother went to work. When the mother returned from work she saw that the accused was holding her daughter's hand and her pants chain was open.

While filing evidence in the lower court, the mother said her daughter told her that the accused had taken her genitals out of her pants and told her to lie down on the bed. Given the nature of the act and the punishment for the crime, the court is of the view that the sentence of the accused, who has already spent five months in jail, has been served.

The accused could be released if he is not involved in any other case, the court said. Justice. The apex court on Wednesday adjourned the acquittal of Ganediwala in another case this month to a 39-year-old accused in a case of molestation of a minor. Attorney General K.K. The court granted stay after Venugopal submitted that the judgment of the Bombay High Court was disturbing.