Delhi High Court quashes Sexual harassment case against a man after doctors say he was unaware of his action.

Author : Lawvs

Posted on : 24,Oct,2023

Delhi High Court quashes Sexual harassment case against a man after doctors say he was unaware of his action.

(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.

 

 

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