The Delhi High Court has quashed a case of sexual harassment and stalking against an individual due to concerns about his mental condition. Justice Tushar Rao Gedela made this ruling based on a report from a medical board at the All India Institute of Medical Science (AIIMS).
In November 2021, the Delhi Police had charged the man under Section 354D (stalking) of the Indian Penal Code and Section 12 (sexual harassment) of the Protection of Children from Sexual Offences Act (POCSO). These charges stemmed from allegations made by a sixth-grade student who claimed the man had touched her inappropriately and followed her.
The defendant’s legal counsel argued for the case to be quashed, explaining that the accused had bipolar disorder and was not in control of his actions during the incident. The AIIMS medical board confirmed the accused’s mental health condition, diagnosing him with psychosis NOS (Not Otherwise Specified) along with Borderline Intellectual ability. The report also noted his need for regular medical care and supervision.
Earlier, in April, the Court had granted the accused interim bail and directed AIIMS doctors to assess his condition. Taking the medical report into consideration, as well as the victim’s father’s consent to drop the case, the Court decided to quash the FIR and all related proceedings.
This case highlights the importance of considering an individual’s mental condition and capacity when assessing their actions in legal matters. It underscores the significance of a comprehensive evaluation of a person’s mental state in cases that involve potential legal consequences.