The minor filed a complaint at Bhandup police station in February 2009 when she was in class 9, under Sections 323 (voluntarily causing hurt) and 354 (outraging modesty of a woman) of the Indian Penal Code (IPC). She claimed that as she walked home from school, her cousin allegedly grabbed her hand, proposed marriage and invited her to his house.
As far as the offence under Section 354 was concerned, the Court found the evidence of prosecution witnesses reliable and convicted the accused.
However, the accused was acquitted of the offence under Section 323 as the Court did not believe the complainant and her sister’s testimony that that the accused had slapped the latter.
The accused pleaded for mercy and asked that he be released on a bond of good behaviour in accordance with the Probation of Offenders Act.
Due to the nature of the offence, the victim’s age, and the ongoing nature of the other complaints, the Court determined that the case did not qualify for the benefits of the Probation of Offenders Act.
Source: Barandbench
