The Delhi High Court said the petitioner was unaware of his actions (Representational)
The Delhi High Court quashed an FIR against a man for the alleged offences of stalking and sexually harassing a minor girl, noting that he was suffering from psychotic disorder and was unaware of his actions.
The High Court perused a report submitted by doctors of All India Institute of Medical Sciences (AIIMS) which opined the accused was suffering from psychosis N.O.S. (not otherwise specified) with borderline intellectual ability. People with borderline intellectual ability function on the border between normal intellectual functioning and intellectual disability.
"On that basis, the medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment. Though the medical report does not give any further details, however, the said opinion coupled with the no objection given by the father of the victim, propel this court to quash the aforesaid FIR and the proceedings emanating therefrom," Justice Tushar Rao Gedela said.
The High Court quashed the FIR lodged against the man in 2021 for the alleged offences of stalking under the IPC and sexual harassment under the Protection of Children from Sexual Offences Act.
The court also interacted with the victim's father who submitted he has no objection to quashing of the FIR.
"This court, independent of the statement of the father of the victim, has examined the medical records placed in the file. Though the status report filed on record by the State discloses that the CCTV footage has captured the petitioner along with the victim, however, in view of the medical records placed on file, it appears that the petitioner was unaware of his actions," it said.
According to the FIR, in November 2021, when the minor girl, who was then studying in class 6th, was playing with her friends outside her house, the man came and inappropriately touched the child.
After the girl managed to escape, the man kept following her and on reaching home, the minor informed her father who chased away the accused.
Seeking quashing of the FIR, the man's counsel submitted he was a patient of bipolar disorder and filed on record the medical documents issued by Dr Ram Manohar Lohia Hospital here to show that he has no control over his actions.
The lawyer also brought to the attention of the court the medical documents issued by AIIMS and the Institute of Human Behaviour and Allied Sciences (IHBAS).
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