Madras High Court suspends POCSO sentence, deems hand‑pulling harassment

The Madras High Court ruled that whistling at a minor girl and subsequently pulling her hand does not, by itself, constitute sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. Justice M. Nirmal Kumar suspended the three‑year rigorous imprisonment and fine imposed on the accused, Mandai (also known as Manogaran), pending a detailed appeal hearing, describing the conduct as at most harassment.

The incident occurred in March 2020 when the accused, who lived in the same residential complex as the victim, whistled from his balcony as the girl walked to her aunt’s home. After she ignored him, he came down, grabbed her hand and smiled. The girl escaped, reported the episode to her mother, and a special POCSO court convicted him in June, sentencing him to three years in prison and a fine. The High Court’s decision highlights the need to examine the intent behind such actions before applying the harshest provisions of the POCSO law.