Minor girl well aware of 'bad touch', says HC; refuses to quash ex-Army officer's imprisonment

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, saying that the victim clearly identified the "bad touch" and described the incident with "immense clarity."
A division bench of Justices Revati Mohite Dere and Neela Gokhale on Monday dismissed the officer’s plea challenging the Armed Forces Tribunal's (AFT) January 2024 order, which had affirmed the General Court Martial's (GCM) 2021 verdict.
Court rejects ‘grandfatherly affection’ claim
The former Army officer argued in his plea that his actions—holding the girl’s hand, touching her thigh, and asking for a kiss—were out of "grandfatherly/fatherly" affection. However, the HC dismissed this argument, emphasizing that the victim's instinct in recognizing inappropriate behavior must be believed.

The court noted that the girl had never met the accused before and had no reason to fabricate allegations. Her immediate reaction—reporting the incident to her father—added credibility to her testimony.
No violation of fundamental rights
The 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, sentencing him to the minimum five-year prison term.
The HC ruled that the tribunal’s findings were legally sound, stating, "We do not find any violation of the petitioner’s fundamental rights or any infirmity in the decision-making process."
Incident and immediate reporting
According to the complaint, the accused met the daughter of an Army havildar in February 2020 and allegedly touched her inappropriately before asking for a kiss. The girl immediately called her father, who then lodged a formal complaint.
The court emphasized that her testimony remained consistent throughout the trial, reinforcing the decision to uphold the conviction.