Physical Relationship Doesn’t Always Mean Sexual Harassment: Delhi High Court’s Landmark Ruling

In a landmark judgment, the Delhi High Court acquits a man convicted by a lower court of harassing a minor girl under the POCSO Act: The term "physical relationship" used by the complainant minor does not automatically amount to sexual harassment, Delhi High Court ruled. The sentence of life imprisonment given in December 2023 against the accused was set aside by the High Court today.

Court's Observations

The bench, comprising Justice Pratibha M. Singh and Justice Amit Sharma, said that terms such as "physical relationship" or "relationship" used in the case must be substantiated with evidence that would prove sexual harassment or assault. The court emphasized the fact that assumptions cannot replace decisive proof.

The judgment clarified that under the POCSO Act, while consent is irrelevant if the victim is a minor, the term "physical relationship" alone is insufficient to prove a crime under Sections 3 of the POCSO Act or Section 376 of the IPC.

Case Background

In March 2017, the minor's mother had lodged a complaint stating that her 14-year-old daughter was lured and abducted. The minor was subsequently recovered with the accused from Faridabad. The trial court convicted the man as per the testimony of the minor and sentenced him to life imprisonment.