Maharashtra News: The Nagpur bench of the Bombay High Court has clarified that a single instance of following a girl does not count as stalking under Section 354-D of the Indian Penal Code (IPC). This decision was made during a case where the Bharatiya Nyay Sanhita (BNS) had not yet replaced the IPC when the incident occurred.

Justice Govind Sanap delivered the verdict on December 5, 2024, in response to separate appeals from two individuals challenging their convictions for multiple offenses under the IPC and the Protection of Children from Sexual Offences Act (POCSO Act). The court partially upheld their appeals, acquitting them of some charges while confirming others.

ALSO READ: BPSC Protest: PIL In SC Demanding Cancellation Of Exam; Prashant Kishore Urges Rahul Gandhi, Tejashwi Yadav To Join Protest

Background Of The Case

The case involved a 14-year-old girl from Akola, Maharashtra, who accused the two men of harassing her over several months. The prosecution argued that the victim's younger sister witnessed one of the accused forcibly entering their home in August 2020, where he allegedly groped the girl and threatened her to remain silent.

A trial court previously convicted both men under various sections of the IPC, including Sections 354 (outraging modesty), 354-D (stalking), 452 (house trespass) and 506 (criminal intimidation), as well as Sections 7 and 11 of the POCSO Act. They were sentenced to rigorous imprisonment ranging from three to seven years.

Court's Findings

During the proceedings, Justice Sanap stated, “The prosecution must demonstrate that the accused persistently followed or observed the victim. A single act of following is insufficient to constitute the offense of stalking.”

ALSO READ: Farmer Protest: Supreme Court To Hear Contempt Plea Over Non-Compliance Of Order On Jagjit Dallewal Tomorrow

As a result, one of the accused was acquitted of all charges. The other man remained charged under Section 354-A of the IPC (sexual harassment) and Section 7 of the POCSO Act (sexual assault), as the court found credible evidence supporting the claim of sexual assault against the girl.

The charges related to stalking, house trespass and criminal intimidation were dismissed. The second accused received his sentence reduced to two years and six months, which he had already served and his fine was also lowered.