The Delhi High Court has come to the rescue of a man employed at ‘Haunted House’, a gaming zone in a local mall here, whom the State government wanted to prosecute for scaring a young female customer.
The said gaming zone is a dark area which people visit to get the thrill of getting scared.
The allegations in the FIR stated that a girl along with her elder sister had gone to ‘Haunted House’ in V3S Mall here. While they were inside, one person held the girl by her foot and in the process, her jacket’s pocket got torn.
When they were on their way out, the elder sister found that one Shaukender was the one inside the gaming zone who had been blocking their way.
IPC, POCSO sections
The prosecution had charged Mr. Shaukender under IPC Section 354 (assault or criminal force to woman with intent to outrage her modesty), Section 7 (sexual assault) and Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (POCSO)Act.
A local court here, however, had discharged Mr. Shaukender of the said offence noting that he was a staff who had been employed for the purpose of scaring people inside the ‘Haunted House’.
The State government had then moved the High Court, challenging the trial court decision to acquit him of all charges.
Justice Sanjeev Sachdeva remarked that IPC Section 354 comes into play when a person assaults or uses criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty. The judge further said that Sections 7 and 8 of POCSO Act is related to sexual intent and touching of particular parts of the body.
“The statements of the witnesses do not suggest that respondent [Mr. Shaukender] has either outraged or attempted to outrage the modesty of the prosecutrix or her sister or with any sexual intent or otherwise touched any parts of the body referred to in Section 7 POCSO,” Justice Sachdeva said.
The High Court noted that Mr. Shaukender was an employee of the ‘Haunted House’ who was hired for scaring people and upheld the decision of the trial court, acquitting him of the all charges.
