A Delhi court here refused to set aside the conviction of a tutor's husband for outraging the modesty of a minor girl student, saying that people need to get strength to report such matters to the police.
"In such matters, people need to get strength,considering the response of the society, to report the matter to the police," Additional Sessions Judge Shail Jain said, while dismissing the appeal of convict Gauri Shanker against magisterial court's order sentencing him to two months imprisonment for the offence.
Refusing to accept the contention of Shanker that there was delay in lodging of FIR in the case, the court said, "Police also take time in preliminary inquiry before finally registering the matter as FIR."
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"I am of the opinion that it cannot be said that there is any delay in registration of FIR and even if any minor delay has occurred, that is not detrimental to the case of the prosecution as there is nothing on record to show that because of delay, some facts have been altered by the prosecution," the judge said.
The court also turned down the contention of the convict that there were discrepancies in the statements of the victim, her mother and father.
"I am of the opinion that the fact that the accused had sat near the minor child and held her hand and touched her face or any body part proves that he had tried to outrage the modesty of the girl," the judge said.
Dismissing the appeal by Shanker, a Delhi resident, against the conviction and sentencing order of the trial court, the judge upheld the order and said that he has to undergo simple imprisonment for two months and pay a fine of Rs 5,000 for the offence under section of 354 IPC (outraging the modesty of woman).
According to prosecution, on May 30, 2012 at around 11 AM, the minor girl went to her tutor's house to study, where she met Shanker, husband of her teacher.
Shanker told the girl that the teacher has gone outside and will be back soon after which the victim went to the tuition room and started studying.
After a while, Shanker entered the room and tried to touch the minor girl inappropriately forcing her to run away from the house.
The girl informed her parents and an FIR was lodged against him in the evening under section 354 of IPC and Shanker was arrested.
