Bombay High Court Upholds Conviction of Ex-Army Officer
NEW DELHI: The Bombay High Court has upheld the five-year imprisonment of a former Lieutenant Colonel convicted of sexually assaulting an 11-year-old girl. The court emphasized that the victim was able to clearly identify the “bad touch” and recounted the incident with remarkable clarity.
Dismissal of ‘Grandfatherly Affection’ Claim
In his plea, the former Army officer argued that his actions—holding the girl’s hand, touching her thigh, and asking for a kiss—were expressions of “grandfatherly/fatherly” affection. The HC dismissed this defense, asserting that the victim’s instinct in recognizing inappropriate behavior must be believed. The court highlighted that the girl had never met the accused before and had no motive to fabricate such allegations.
Legal Soundness of Tribunal’s Findings
The General Court Martial (GCM) had found the officer guilty of aggravated sexual assault and sexual harassment under the Protection of Children from Sexual Offences (POCSO) Act in March 2021. The HC ruled that the tribunal’s findings were legally sound, stating there was no violation of the petitioner’s fundamental rights.
Immediate Reporting Adds Credibility
According to the complaint, the incident occurred in February 2020 when the accused allegedly touched the girl’s thigh and asked for a kiss. The girl reported the incident to her father immediately, which further established the credibility of her testimony.
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