Nagpur: A single instance of following a girl does not amount to stalking under IPC or Pocso Act, Bombay HC has ruled, acquitting an accused and modifying the punishment awarded to another in a case involving alleged sexual harassment of a 14-year-old girl.
“The prosecution must prove that the accused repeatedly or constantly followed, watched, or contacted a child either directly or through electronic, digital media,” Justice Govinda Sanap of HC’s Nagpur bench ruled.
The girl’s mother filed a complaint on September 4, 2020, accusing the two 19-year-old youths of stalking and harassing her daughter in Akola district on August 26, 2020.
HC maintained the conviction of the first accused for house trespass, groping the minor and threatening her to remain silent, awarding him two years and six months imprisonment, which he had already served, and fined Rs 5,000. So, in effect, he too was set free.
“The conviction for other offences, including 354-D (stalking), cannot be sustained due to lack of evidence. The second accused had no active role and is acquitted of all charges. The offences are proven only against the first accused,” Justice Sanap noted.
On June 3, 2022, Akola sessions court convicted both the accused, sentencing them to rigorous imprisonment ranging from three to seven years.
