Can winking and Blowing kisses land you in Jail ?
Recently, a man was sentenced to jail under the Protection of Children from Sexual Offences (POCSO) Act.
A20-year-old man was sentenced to one year in jail by a special court under the Protection of Children from Sexual Offences (POCSO) Act for winking and blowing a kiss to a minor girl.
On February 29, 2020, a 14-year-old girl had informed her mother that the convict had winked and blown kisses at her multiple times.
The mother had then filed a complaint of sexual harassment with the LT Marg police station in Mumbai.
The man was immediately arrested. During the trial, the man told the court that the mother of the girl disapproved of him talking to her as they were from two different communities.
He claimed that he was being falsely implicated because of a bet between the girl's cousin and him.
During the trial, the girl and her mother along with the investigating officer were examined as witnesses.
According to the court, the prosecution had managed to prove that the man had "breached" the girl's modesty.
The court also noted while passing the order, “if the evidence on record is perused, then the acts of the accused of winking and giving flying kisses constitute as sexual gesture, thereby, causing sexual harassment to the victim.”
The court, however, noted that at the time of the offence the man was 19 years old and so some leniency could be shown to extend him an opportunity to lead a good life. So, the court set off the imprisonment sentence that the man had to undergo against the time he had already spent in jail.
It directed the man to pay Rs 10,000 as compensation to the girl.
Be aware of such sexual crime and also make your growing children of their rights and crimes.
Sexual crime could be committed in web world also and one can be punished for crime like stalking even of Facebook and instagram for following a profile of a girl or women.
Dr Ajay Kummar Pandey
Advocate & Consultant
Supreme Court of India