Holding minor’s hand and offering money with sexual intent amounts to sexual assault under POCSO: Bombay HC

The Nagpur Bench of the Bombay High Court recently held that the act of holding a minor's hand and offering money with an invitation to engage in sexual activity constitutes sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act) [Sheikh Rafique Sk Gulab v. State of Maharashtra]..Justice Nivedita P Mehta made the observation while upholding the conviction and three-year jail sentence of a man under the POCSO Act.“The act of catching hold of the hand of a minor child, accompanied by an offer of money and an invitation to engage in sexual activity, unmistakably demonstrates sexual intent”, the Court said in its passed on December 4. .The Court was hearing an appeal filed by accused Sheikh Rafique against his conviction by Yavatmal Additional Sessions Judge.The case arose in October 2015, involving a victim who was approximately 13 years old at the time..According to the prosecution, the accused, who was a neighbour, visited the victim's home on October 23 while her parents were at work. Under the pretext of asking for water, he offered her ₹50 and told her to allow him to 'do the game'. The victim did not understand the phrase and remained silent.The following day, the accused returned and repeated the request. The victim testified that the accused caught hold of her hand and repeated the same offer. She jerked her hand away and immediately informed her maternal uncle, stating that the accused's intention was to sleep with her. A first information report (FIR) was subsequently lodged. After the trial, the sessions court convicted the accused and sentenced him to rigorous imprisonment for 3 years. This led to the appeal before the High Court..The High Court noted that the victim gave a clear, consistent and natural account of the incidents. Justice Mehta also rejected the defence argument that mere physical contact without further assault did not qualify as an offence under Section 8 of the POCSO Act."The argument that mere holding of hand without further physical assault cannot constitute an offence is without merit, as the POCSO Act protects children from sexual assault in all its forms, including attempted or inducement-based acts," the Court ruled. .Thus, the High Court upheld the sentence of three years of rigorous imprisonment. It said that granting the benefit of probation in such circumstances would be contrary to the object and purpose of sentencing in cases of this nature..Advocates Shyam R Jaiswal appeared for the accused.Additional public prosecutor Amit Chutke appeared for the State.[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.