(FIR) quashed by Justice Tushar Rao Gedela after taking into
account a report prepared by a medical board of All India Institute of Medical
Science.
Delhi
High Court quashes Sexual harassment case against a man after doctors say he
was unaware of his action.
In the case of The Delhi High Court recently quashed a case of
sexual harassment and stalking against a man, on the observation that he
appears to have been unaware of his actions due to his mental condition. (Amanpreet
Singh Bedi v. Govt of NCT of Delhi & Anr).
Justice Tushar Rao Gedela quashed
the (FIR) after taking into account a report prepared by a medical board of All
India Institute of Medical Science (AIIMS).
The
Court has also interacted with the victim’s father who gave no objection to
quashing this case.
“Though
the status report filed on record by the State of NCT of Delhi discloses that
the CCTV footage has captured the petitioner along with the victim, however, in
view of the medical records placed on file, it appears that the petitioner was
unaware of his actions,” the Court said.
The
man was booked by Delhi Police under Section 354D (stalking) of the Indian
Penal Code and Section 12 (sexual harassment) of the Protection of Children
from Sexual Offences Act (POCSO) in November 2021 on the basis of the statement
made by a student of Class VI.
The
minor victim had alleged that the accused followed her and also touched her
inappropriately.
The
counsel representing the accused sought quashing of the FIR on the ground that
the accused was a patient of Bipolar Disorder and on the date of the incident,
he did not have any control over his actions and it was not done intentionally
by him intentionally.