Priya Bankar, a special POCSO judge, sentenced the offender to six months in prison, noting that such sexual offences against minors would impair the victim’s mental health and future.
Under the Protection of Children from Sexual Offenses Act (POCSO Act), a court in Mumbai recently convicted a man of ‘grooming’ a minor girl.
Grooming is when a person engages in predatory behaviour to groom a juvenile or young person for sexual activity at a later time.
Special POCSO judge Priya Bankar sentenced the offender to six months in prison, noting that such sexual offences against children would have a negative impact on the victim’s mental health and future.
In her complaint, the 15-year-old girl alleges that the accused repeatedly approached her as she was coming from school under the pretext of selling notebooks and pencils.
In its ruling, the court stated that the accused’s repeated attempts to contact the victim by asking her to purchase pens and books constitute sexual harassment.
“The accused’s behaviour demonstrates clearly that he had a sexual motive, since he followed the 15-year-old girl and offered her a pen and a book in order to interact with her and create a relationship with her.” It was the act of preparing the child for sexual activity. “The defendant provides no other reason for why he attempted to contact the minor victim girl at the relevant period,” the order noted.
Despite the victim’s disinterest, he attempted to contact her by asking her to take a pen and a notebook.
The court determined that the same serves to demonstrate the sexual purpose of the accused.
“The victim is a fifteen-year-old student. The defendant was forty years old. Due of the age difference between the victim and the accused, it was unnecessary for the accused to hand the victim a pen or book, contact her, or follow her. The court observed that the accused’s actions were adequate to prove his sexual purpose.”
The court also underlined the recent increase in the number of crimes committed against youngsters, which indicated the defendant’s inhumane worldview.
“The incident has a very negative impact on the victim, her family, and society as a whole. This type of incident will have an impact on the victim’s mental health and future, the court stated in the conviction decision.”
For the State, Special Public Prosecutor Sulbha Joshi appeared. Attorney Kirtane represented the accused.
Case Title: State v. Ismail Kadar
Written By: Lakshman Singh, B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow
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