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The Meghalaya High Court dismissed the case filed against a man named Mohammad Saimullah on charges of sexual harassment. The court gave a big statement on this in which it has been said that holding the hand of a minor girl and calling her beautiful will not amount to sexual offenses unless the person holding the hand has the intention of committing the offence.
This is a matter related to the petition
The case pertains to a 9-year-old girl. When she came to give water to 55-year-old Mohammad Saimullah, she grabbed the girl’s hand and caressed that her hands were beautiful. The girl immediately left from there and narrated the incident to the mother. After this an FIR was registered against Saimullah.
The Special POCSO Court had framed charges against the accused under sections 354 (outraging the modesty of a woman) and 354A (sexual assault) of the IPC and sections 7 (sexual assault) and 9 (grave sexual assault) of the POCSO Act.
Bombay High Court also gave the same decision
Justice Diengdoh observed that the Bombay High Court in Bandu Vitthalrao Borwar vs Maharashtra had held that it is necessary to know the intentions of the accused in such cases. Justice Diengdoh said- In the present case, we agree with the opinion of the Bombay High Court that the accused did not intend to sexually assault in any way and it does not amount to sexual assault.
Single Bench Judge W Diengdoh further observed that the accused had allegedly committed no offence. Therefore he will not be held guilty. Justice Diengdoh said that continuing the case would only be a waste of time. Justice will not be done. Hence the petition is dismissed.