The Delhi High Court recently dismissed a sexual harassment and stalking case against an individual. The decision was based on the observation that the accused might not have been aware of his actions due to his mental condition.

Justice Tushar Rao Gedela, after considering a report from a medical board at the All India Institute of Medical Science (AIIMS), dismissed the First Information Report (FIR). Additionally, the Court engaged in a conversation with the victim's father, who expressed no objection to quashing the case.

The Court stated, "While the state's status report presented CCTV footage showing the petitioner with the victim, the medical records on file suggest that the petitioner may have been unaware of his actions."

In November 2021, the man was charged by Delhi Police with offenses under Section 354D of the Indian Penal Code (related to stalking) and Section 12 of the Protection of Children from Sexual Offences Act (POCSO) (pertaining to sexual harassment). These charges were initiated based on a statement given by a Class VI student.

The minor victim had made allegations that the accused had engaged in inappropriate physical contact and had also been following her.

The counsel representing the accused requested the FIR to be quashed, citing the defendant's diagnosis of Bipolar Disorder. They argued that at the time of the incident, the accused had no control over his actions due to his mental health condition.

In a report issued by a medical board at AIIMS, it was determined that the accused was suffering from Psychosis NOS (Not Otherwise Specified) along with Borderline Intellectual Ability. The report also indicated that he needed consistent medical care and supervision. Earlier, in April, the Court had granted the accused interim bail and had instructed AIIMS doctors to conduct an examination of his condition.

Considering the medical report and the victim's father's lack of objection, the Court decided to dismiss the FIR. The Court's decision was based on the medical report, even though it did not provide extensive details. The combination of the medical opinion and the victim's father's consent led the Court to quash the FIR and any related proceedings.