3 cops get jail for sexual harassment of woman, minor niece in neighbourhood
Delhi High Court
on Thursday.
"The convicts are none other than the police officials who are responsible for maintaining law and order in society. Furthermore, they were the neighbours of the complainant and the child victim and were fully aware and conscious of their offensive acts towards them. It is not a case where a restorative or rehabilitative approach would be justified while sentencing," Justice Neena Bansal Krishna observed in her order.
Convicts Jaidev, his brother Jagmal, and son Suraj Bhan were acquitted by the trial court earlier, but the high court found enough material to set aside the verdict and hold them guilty under provisions of IPC and
Pocso Act
after it found that they indulged in sexual harassment and public obscenity against the victims in 2013. While Jaidev was sentenced to 2 years in prison, the remaining three will have to serve one year in jail.
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The high court noted that Jaidev's conduct "was persistent, who would regularly stand in the street and strip himself naked on seeing the complainant and her niece. Such an act of the convict, who was in Delhi Police, cannot be forgiven or overlooked. He, being a police official, was duty-bound to abide by the law and to ensure the maintenance of law and order. However, he instead indulged in sexual offences, not only towards the complainant but also a little child of about 6 years of age.
"
It cannot be overlooked that all the three convicts belong to the same family and they all together on the date of the incident, misconducted themselves and persisted in committing the offence, the court added, highlighting that the victims were also kin of a cop.
Deciding their punishment, the court on Thursday stressed that it is a case "where there is no other choice but to adopt the punitive approach, which may also send a signal to society and act as a deterrent for the convicts like them in society."
The punishment came for offences under sections 509 and 354A IPC for sexual harassment and using vulgar language, words, gestures, and acts to insult the modesty of the woman, obscene acts done in a public place, and under the Pocso Act vis-a-vis Jaidev.
Citing the "consistent testimony of the child about being a victim to such exposure by Jaidev," the court stated that evidence could not have been discarded, overlooked, or disbelieved. "There is overwhelming evidence confirming the alleged obscenity on the part of Jaidev towards the child victim and there was no reason to disbelieve the testimony of the child," it added.
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