New Delhi: The Delhi High Court has upheld the conviction of three Delhi Police personnel in a 2013 sexual harassment case including a woman and her minor niece, directing the convicts to surrender before the trial court within five days.
The Court ruled that no leniency will be granted given the nature of the offence and the fact that the convicts were law enforcement officers who violated the very law they were meant to uphold.
The three convicts, Jaidev, Jagmal, and Suraj Bhan alias Monu were found guilty under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. The Court noted that the incident occurred in May 2013 and involved repeated misconduct by the convicts, who were also neighbours of the complainant.
The High Court observed that the convicts, despite being public servants, had persistently engaged in inappropriate behaviour, including making vulgar gestures, sexually explicit remarks, and, in one instance, indecent exposure in the presence of the complainant and her niece. The Court rejected claims for leniency based on the age, health conditions, or family responsibilities, citing the seriousness of the offences and their prolonged nature.
The judgment showcased that the case did not merit a rehabilitative approach due to the aggravating circumstances, including the convicts’ positions in the police force and the repeated nature of the acts. The Court further noted that other FIRs had been registered by the complainant in subsequent years, indicating ongoing harassment and misconduct.
Citing Supreme Court precedents, the High Court highlighted that sentencing must be proportionate to the gravity of the crime and serve as a deterrent, especially when the perpetrators hold positions of authority. The Court concluded that a punitive approach was necessary to restore public confidence in the justice system.
All sentences will run concurrently, and the High Court directed that its order be sent to the trial court to ensure compliance.
