Whistling at Minor, Holding Her Hand May Be Harassment, Not S*xual Assault: Madras HC

The Madras High Court has ruled that grabbing a minor girl's hand after she failed to respond to being whistled at does not, on its own, indicate s*xual intent, and has suspended the three-year jail term handed to a man convicted under the POCSO Act in connection with the incident. Hearing the case of Mandai vs State, Justice M Nirmal Kumar said the conviction needs to be revisited, observing that the man's conduct, at best, amounted to harassment rather than s*xual assault. The case has drawn attention for the way it distinguishes between s*xual harassment and s*xual assault under the POCSO Act, a distinction that could have implications for how similar cases are tried going forward.

What The Court Said

Justice Nirmal Kumar's order stated, "Such act cannot be straightaway termed as s*xual intent and at most, it can be termed as harassment and not an act of s*xual assault. Hence, the judgment needs to be re-considered," according to Bar and Bench.

The judge weighed the facts of the case, that the only actions involved were whistling, calling out to the girl, and grabbing her hand, and found that the appeal raised genuine questions worth examining further. The man was granted bail while his conviction remains under review. Supreme Court Rules Abusive, Profane Language Alone Does Not Amount to Obscenity Under IPC.

How The Case Unfolded

The incident dates back to March 2020. The convict, identified as Mandai alias Manogaran, lived in the same residential complex as the victim. He allegedly whistled at the girl from his balcony as she walked to her aunt's home to fetch food.

When she ignored him, he came down, caught her by the hand, and smiled at her in a manner the prosecution described as s*xually motivated. The girl broke free and told her mother, who filed a police complaint the next day.

A special POCSO court convicted Manogaran in June, sentencing him to three years of rigorous imprisonment along with a fine of INR 1,000. Victim Cannot Be Blamed for S*xual Assault Because She Had Cordial Relations With Accused, Says Delhi High Court; Sets Aside Sessions Court's Observations.

The Defense And Prosecution's Arguments

Manogaran appealed the verdict and sought bail, with his lawyer arguing that the case stemmed from a personal dispute with the girl's father. The defense also contended that the allegations did not make out an offence of s*xual assault punishable under Section 8 of the POCSO Act, arguing that at most, the incident could constitute s*xual harassment under Section 11.

Prosecutors countered that the girl had given a consistent account of events across multiple statements and her testimony. However, the state conceded that a sentence of this length would typically have been suspended by the trial court itself. In this case, no application for suspension had been filed before the trial court, and the petitioner had consequently remained in prison.

(The above story first appeared on LatestLY on Aug 02, 2026 03:10 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).