Peeping into a toilet, watching a minor girl attend a nature's call is sexual harassment, held the special court sentencing a 26-year-old to one year imprisonment. The court said the girl expected privacy while she attended nature's call.
Details of case
As per prosecution case, the accused and the family reside in the same area and use public toilet. It was claimed that on March 23, 2015, at around 9:45 pm, the girl had gone with her mother to attend nature's call. The victim was five years old at that time. Dropping the girl at the toilet, the mother went home to bring a bucket of water.
When the mother returned to the toilet block, she saw accused was looking 'stealingly' from the bathroom door towards victim. The mother claimed that when she confronted the accused, he got scared and ran away. The mother thereafter raised an alarm, followed by which a neighbour caught the accused and the incident was reported to MIDC police.
Defence's plea
The accused in his defence pleaded that at the time mother took her daughter to the toilet, he too was standing in a line, and thereafter they had an altercation. Hence to take revenge, the mother registered the case against him. Besides, he said it is a common toilet and anyone peeps into the toilet to check if it is been occupied.
The court said, if that was the case, there was no need for the accused to run away. Besides, it can be said that victim was attending nature call in ladies toilet, therefore, the accused cannot say that he had go on there and was checking anyone is inside, the court said.
Court's observation
"The evidence of independent witness that he saw the accused running from main door of the toilet in fear, supports the story of the prosecution to show that the victim being girl child, was alone attending nature's call. Taking disadvantage of this fact, the accused with sexual intention looked at her after opening the toilet door, while she expected privacy," the court said adding that the accused was had sexual intentions in watching the child when she was half naked.
