Perform community service, pay Rs 50k to Army welfare fund: Delhi HC to POCSO accused

New Delhi: The Delhi High Court has directed a POCSO accused to perform community service at a government hospital and pay Rs 50,000 towards "Army Welfare Fund Battle Casualties" and quashed the FIR against him.

Disapproving the conduct of the accused who allegedly threatened a minor school student with dissemination of her private photographs if she did not fulfil his demands for money, Justice Sanjeev Narula said such behaviour reflected a "gross misuse of digital platforms" and "an alarming disregard for consent and personal dignity".

The court said the allegations were "undoubtedly serious", involving charges of harassment and exploitation of a minor girl, which disclosed "a pattern emblematic of the darker undercurrents of the social media age, where technology is misused to exert control, induce fear, and compromise dignity".

Ordinarily, such allegations, the court added, would not merit quashing of the FIR but the law was equally cognisant of the victim's right to privacy, dignity, and closure.

"The complainant has unequivocally expressed her desire to move on from this chapter, and has articulated social and emotional burden that the continued pendency of this criminal case may place upon her, particularly in the context of her future prospects, including marriage," said the court in its May 27 verdict.

Quashing the FIR, the court directed the petitioner to perform "community service as a measure of accountability and reflection". He was also saddled with Rs 50,000 fine towards the welfare fund of Army personnel.

The court ordered the petitioner to perform a month of community service at Lok Nayak Jai Prakash Narayan Hospital in June and file a certificate confirming the same with the registry subsequently.

In the event of any absenteeism, default, or misconduct during the course of the community service, the medical superintendent was directed to immediately alert the police official concerned for placing the matter before the court for appropriate orders, including revival of the FIR.

The court also took on record the petitioner's statement claiming he hadn't retained any of the private photographs.

The petitioner, who was senior student in the complainant girl's school, allegedly asked for her private photographs in 2017, insisting that such exchanges were common in romantic relationships.

Following a disagreement, the parties ceased communication.

In February 2018, however, the petitioner allegedly blackmailed the complainant and demanded Rs 6,000 and threatened to share her photos online if she didn't pay.

The complainant claimed of having subsequently made several payments under duress.

In April 2018, a friend of the petitioner also blackmailed the complainant following which she paid him out of fear, she alleged.

The FIR was registered against the petitioner in 2019 for voyeurism, assault or criminal force to woman with intent to outrage her modesty, criminal intimidation and other offences under IPC besides the offence of sexual harassment under Protection of Children from Sexual Offences (POCSO) Act.