THE Delhi High Court up held the judgment of a trial court which convicted a man under Section 363 (kidnapping) of the IPC and Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The trial court had said that the “accused had taken the victim to another place” and “held her hand” and that it was sufficient to invoke the POCSO Act.
A single-judge bench of Justice Subramonium Prasad noted: “Sexual intent can be inferred by the appellant holding the wrist of the prosecutrix while opening the lock.” The accused, Krishna Murti, had filed the appeal and stated that he had been falsely implicated in the FIR filed by the mother of the victim as she had wanted to implicate him because of an earlier quarrel.
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