“Such act cannot be straightaway termed as sexual intent and at most, it can be termed as harassment and not an act of sexual assault.” With that remark, Justice M. Nirmal Kumar of the Madras High Court freed a man who had been serving three years for pulling a schoolgirl’s hand after she ignored his whistle.
The ruling, in Mandai @ Manogaran v. The State, is dated 10 July 2026 and was reported by Bar and Bench on 1 August and by CourtBook a day later. It does not clear the man. It suspends his sentence while his appeal is pending.
What was alleged
The prosecution said the incident took place on 1 March 2020 in Chennai. The girl, a minor, had gone to her aunt’s house to collect food. Mandai, the accused, whistled at her from a balcony. She did not respond. According to the prosecution, he then came downstairs, pulled her by the hand and smiled at her with sexual intent. Her mother filed the complaint.
The Special Court for Exclusive Trial of POCSO Cases in Chennai convicted him under Section 8 of the Protection of Children from Sexual Offences Act. The sentence was three years of rigorous imprisonment and a fine of ₹1,000.
The arguments in the High Court
His lawyers told the court that the accused and the girl’s family lived in the same compound and that he had earlier quarrelled with her father. In their account the allegations were exaggerated after that dispute. They also argued that even if the prosecution version were accepted, he was accused of nothing more than pulling her hand, which would amount to sexual harassment under the Act and not assault under Section 8.
There was a practical problem too. No application to suspend the sentence had been filed in the trial court right after the conviction because his counsel was absent, so he stayed in prison.
The State opposed the plea. It said the girl had told the same story throughout: to investigators, in her statement under Section 164 CrPC and at trial. Those statements, it argued, supported the finding that he acted with sexual intent.
What the judge decided
Justice Kumar noted that the girl was the only eyewitness. The accusation, as he read it, came down to whistling, calling out to her and pulling her hand when she did not answer. He said these points needed to be reconsidered when the appeal is heard, and that the appeal raised arguable legal questions.
Because the final hearing would take time, he suspended the sentence. The man was to be released on a bond of ₹5,000 with two sureties to the trial court’s satisfaction. Until the appeal is decided, he must appear before that court on the first working day of every third month at 10:30 a.m.
The case is CRL MP No. 11962 of 2026 in CRL A No. 830 of 2026.
Sources
- Pulling minor’s hand after she ignores whistle is harassment, not sexual assault: Madras High Court
- POCSO | Pulling Minor's Hand After She Ignores Whistle May Be Harassment, Not Sexual Assault: Madras High Court
