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Observing that dragging women scarf, pulling hand of the victim and proposing her to marry does not come under the ‘Sexual Assault’ or ‘Sexual Harassment’ category in the Protection of Children from Sexual Offences (POCSO) Act, the Calcutta High Court said the act of the accused, may be held liable for committing offence under Section 354 A read with Section 506 of the Indian Penal Code.
In August 2017, an FIR had been filed against a man accusing him of dragging scarf and proposing the victim to marry. He also threatened her to cause injury by throwing acid on her body if the victim girl refused to accede to his proposal
The trial court held that the specific act of the accused of dragging the ‘scarf’ of the victim girl and insisting her to marry him was done with intent to outrage her modesty with sexual intent.
Against this backdrop, the Court observed thus: “Even assuming that the appellant has committed the alleged act of dragging ‘orna’ and pulling hand of the victim and proposed her to marry, such act does not come within the definition of either sexual assault or sexual harassment. At best for the act of the accused, he may held liable for committing offence under Section 354 A read with Section 506 of the Indian Penal Code.”
