Delhi High Court quashes sexual harassment case against man after doctors say he was unaware of his actions

The Delhi High Court recently quashed a case of sexual harassment and stalking against a man, on the observing that he appears to have been unaware of his actions due to his mental condition. [Amanpreet Singh Bedi v Govt of NCT Of Delhi & Anr].Justice Tushar Rao Gedela quashed the First Information Report (FIR) after taking into account a report prepared by a medical board of All India Institute of Medical Science (AIIMS). The Court also interacted with the victim’s father who gave no objection for quashing the case.“Though the status report filed on record by the State discloses that the CCTV footage has captured the petitioner along with the victim, however, in view of the medical records placed on file, it appears that the petitioner was unaware of his actions,” the Court said..The man was booked by Delhi Police under Section 354D (stalking) of the Indian Penal Code and Section 12 (sexual harassment) of Protection of Children from Sexual Offences Act (POCSO) in November 2021 on the basis of statement made by a student of Class VI.The minor victim had alleged that the accused had touched her inappropriately and also followed her. The counsel representing the accused sought quashing of the FIR on the ground that the accused was a patient of Bipolar Disorder and on the date of incident, he did not have any control over his actions..A medical board of the AIIMS in its report declared the accused was suffering from psychosis NOS (Not Otherwise Specified) with Borderline Intellectual ability. It also said that he required regular medical care and supervision.While granting the accused interim bail, the Court had, in April, directed the AIIMS doctors to examine him.Taking into account the medical report and the victim’s father’s no objection, the Court quashed the FIR.“Though the medical report does not give any further details, however, the said opinion coupled with the no objection given by the father of the victim, propel this Court to quash the aforesaid FIR and the proceedings emanating therefrom.”Advocates Dr. Sarbijit Sharma, Rudrakshi Gautam and Yashi Chaturvedi represented the accusedAdditional Public Prosecutor Shoaib Haider represented the State[Read Judgment]