Touching Minor’s Hand Sans Intention To Molest Won’t Amount To ‘Sexual Assault’: Tripura HC Acquits Man Of POCSO Charges

Case: Sanju Tanti v. The State of Tripura
Coram: Justice Arindam Lodh
Case No.: Crl. A. 19/2020
Court Observation:
The Tripura High Court recently acquitted a man booked and convicted under, inter alia, Section 8 of the POCSO Act [Punishment for sexual assault] for allegedly touching a minor’s hand as the Court noted that the prosecution and the victim had said nothing about the intention of the accused to molest.
“After careful perusal of the record, it is found that the offense under Section 8 of the POCSO Act has not been established beyond a reasonable doubt. The prosecution witnesses including the victim have not specifically stated anything that there was any intention of the accused to molest her. However, though she stated that the accused had touched her hand, in this situation, in my opinion, the ingredients of Section 8 have not been fulfilled and conviction and sentence under Section 8 of the POCSO Act stand quashed and set aside.”
The court further directed the accused to pay the fine money of Rs.10,000 (Rupees ten thousand) to the victim/complainant, in default of which, the accused-appellant shall suffer simple imprisonment for a period of six months. The fine money shall be deposited to the concerned court within a period of six months and on the realization of the said fine money, the learned court shall pay the same to the victim/complainant.

Touching Minor’s Hand Sans Intention To Molest Won’t Amount To ‘Sexual Assault’: Tripura HC Acquits Man Of POCSO Charges