CHENNAI: Whistling at a minor girl and pulling her hand when she did not respond is not sexual harassment, Madras high court has said. “Such act cannot be straightaway termed as sexual intent. At the most, it can be termed as harassment and not an act of sexual assault,” the court added.Justice M Nirmal Kumar made the observation while suspending a three-year sentence ordered against a man by a special court under the Pocso Act. The sentence was suspended till the disposal of the appeal moved by the man challenging the trial court order.“The overt act attributed against the petitioner is that while standing on the balcony, he whistled and called the victim. Since the victim did not respond, the petitioner came down and pulled her by hand. Thereafter, the victim pulled herself out from him and informed her mother the same. From the statements of witnesses and materials available on record, it is seen that the petitioner pulled the victim by hand, when the victim failed to respond to his whistle,” the court said.Such an act cannot be straightaway termed as sexual intent and at most, it can be termed as harassment and not an act of sexual assault. Hence, the judgment needs to be re-considered, the court said.“Considering the fact that there are arguable points involved in this appeal and it would take some time for the appeal to be taken up for final hearing, this court is inclined to suspend the sentence imposed on the petitioner.”According to the petitioner, there was a fight between the petitioner and the victim’s father, and there was an exchange of blows. Taking advantage of the minority of the girl, the victim’s parents projected a false case as though the petitioner called the victim and sexually assaulted her.
