Courts must uphold dignity & rights of not only child victims but also their families, ensuring they are shielded from further victimization: Delhi HC upholds conviction of domestic help under POCSO for recording inappropriate videos of minor girl
Justice Swarana Kanta Sharma [01-07-2024]

Read Order: PINTU DAS v. STATE GOVT OF NCT OF DELHI [DEL HC - CRL.A. 192/2024 & CRL.M.(BAIL) 380/2024}

Ridhima Malhotra

New Delhi, July 6, 2024: In a case of voyeurism and sexual harassment, the Delhi High Court has upheld the conviction of a 28-year-old man for recording inappropriate videos of a minor girl while she was changing clothes in her home.

 “This court is of the opinion that the trial court has rightly convicted the appellant under Sections 354C and 509 of IPC, and under Section 12 of the POCSO Act”, a Single-Judge Bench of Justice Swarana Kanta Sharma held. Pintu Das, who was employed as a domestic worker by the girl’s father, was sentenced to 3 years of simple imprisonment and a fine of Rs. 1,000 by a lower court in October 2023. The incident had taken place in February 2018.

“When the judiciary takes a firm stand against child sexual harassment, it encourages victims and their families to report such crimes, reducing the stigma associated with seeking justice and ensuring that cases are handled with the utmost seriousness… victim shaming and victim’s family shaming must not be allowed as it will be a deterrent and road block in the real victims reporting such offences to the authorities,” the Bench observed.

The High Court refused to show leniency to the culprit on the basis of the arguments that he was only 22  years of age when he committed the offense and that he belongs to a poor family. The high court highlighted the severe trauma suffered by the minor girl, who was preparing for her class 12^th board exams at that time and was later compelled to leave the country due to the emotional and psychological distress caused by the incident.

The High Court held that “Furthermore, the judiciary helps set societal norms and expectations regarding the protection of children by consistently condemning voyeuristic acts and emphasizing the sanctity of a child's privacy and dignity. This contributes to the establishment of a culture that prioritizes the safety and rights of children”.

According to the prosecution, the incident came to light on February 22, 2018, when the 17-year-old girl, who was preparing for her Class 12 board exams, noticed someone peeping through her window while she was changing clothes. She later found Das standing outside with a mobile phone in his hand. The girl went to Das' room and caught him red-handed watching videos of her on his phone. She immediately called her parents, who discovered three objectionable videos of their daughter on Das' phone, where she was seen in her underwear or partially clothed while getting ready for school. The girl's father filed a police complaint the same day, leading to Das' arrest.

During the trial, the prosecution presented strong evidence, including the girl's consistent testimony, corroborating statements from her parents, and a forensic report confirming the presence of the inappropriate videos on Das' phone.

“This Court shudders to think of the eventuality in case the videos were shared by the appellant or were misused by him in any other manner as to how it would have impacted the child victim and her family... Taking a lenient view in such cases will also discourage the real victims of such offences,” the Bench said in the order.  

Dismissing Das' appeal against his conviction, Justice Sharma emphasized the profound impact of such crimes on child survivors and the need for the judiciary to take a firm stand. The court rejected arguments of false implication and conspiracy, stating that accepting such claims would amount to victim shaming and family shaming.