'Physical relations' cannot automatically mean sexual assault: Delhi HC
New Delhi, Dec 29: The Delhi High Court has acquitted a man in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault.
A bench of Justices Prathiba M Singh and Amit Sharma allowed the appeal by the accused, who was awarded imprisonment for the remainder of his life, and observed that it was unclear how the trial court concluded that there was any sexual assault when the survivor had voluntarily gone with the accused.
The court asserted that the leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference.
"The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase 'physical relations', but there is no clarity as to what she meant by using the said phrase," the court said in the judgement passed on December 23.
"Even the use of the words 'samband banaya' is not sufficient to establish an offence under Section 3 of the POCSO Act or under Section 376 IPC. Though consent would not matter if the girl is a minor under the POCSO Act, the phrase 'physical relations' cannot be converted automatically into sexual intercourse let alone sexual assault," it held.
The court said the benefit of doubt ought to be in favour of the accused and, therefore, ruled, "The impugned judgement completely lacks any reasoning and also does not reveal or support any rationale for the conviction. Under such circumstances, the judgement is liable to be set aside. The appellant is acquitted."
The complaint in this case was lodged in March 2017 by the minor girl's mother, alleging that her 14-year-old daughter had been lured and kidnapped from her home by an unknown person.
The minor was found in Faridabad along with the accused, who was arrested and subsequently convicted for offence of rape under IPC and penetrative sexual assault under POCSO in December 2023 and later awarded imprisonment for the remainder of his life.
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After Ola row, Kunal Kamra asks Blinkit CEO to reveal wages of delivery partners
Mumbai: After a verbal spat with Ola CEO Bhavish Aggarwal over customer complaints and faulty deliveries, comedian Kunal Kamra began 2025 by shedding light on the exploitation of gig workers in the quick commerce sector.
Blinkit CEO, Albinder Dhindsa, posted live updates on X about the most-ordered items on the platform. He wrote: “1,22,356 packs of condoms, 45,531 bottles of mineral water, 22,322 Partysmart, 2,434 Eno..are enroute right now! Prep for party?”
Kamra responded by questioning the wages of Blinkit’s delivery partners. “Can you also enlighten us with data on the average wages you paid your ‘Delivery Partners’ in 2024?” he asked Dhindsa, putting “delivery partners” in quotes, a reference to the fact that companies often avoid labeling delivery workers as employees, instead designating them as “partners.”
In a follow-up post, Kunal Kamra elaborated on the dark side of quick commerce, noting that platform owners exploit gig workers. “While we enjoy the convenience of quick commerce I’d like my first tweet of 2025 to be about the dark side,” he wrote.
“Platform owners exploit gig workers and they aren’t job creators. They are landlords without owning any land. They don’t have a bone of creativity or innovation all they do is exploit people by offering them freedom that they can’t afford while giving them wages that can’t meet their aspirations,” he added.
Kamra further criticised the business model, comparing platform owners to “thugs” who use "data as oil without paying for the oil fields." He added that someday there will be regulation that humbles them.
Other social media users echoed Kamra’s concerns, pointing out the lack of creativity and exploitation in the industry. One user commented, “Blinkit, Zepto, Zomato, Swiggy. All of them. Zero creativity- only exploitation. The delivery workers are stretched to a great extent for compensation that is not justified at all. 10 mins delivery isn’t a landmark thing tbh. It’s sheer exploitation of humanity to satisfy the ego & whims of the buyer.”
Can you also enlighten us with data on the average wages you paid your “Delivery Partners” in 2024… https://t.co/v0yBlvobCQ
— Kunal Kamra (@kunalkamra88) December 31, 2024
While we enjoy the convenience of quick commerce I’d like my first tweet of 2025 to be about the dark side.
— Kunal Kamra (@kunalkamra88) December 31, 2024
Platform owners exploit gig workers & they aren’t job creators.
They are landlords without owning any land.
They don’t have a bone of creativity or innovation all…
