"Repeatedly Followed Her Despite Clear Indication Of Disinterest": Bombay HC Upholds Conviction Under POCSO Act

The Nagpur Bench of the Bombay High Court has affirmed the conviction of an accused for stalking and sexual harassment under the Protection of Children from Sexual Offences (POCSO) Act. The conviction was initially handed down by a Court in Amravati on February 4, 2021.

The Single-Judge Bench of Justice GA Sanap upheld the trial court's decision, ruling that the repeated actions of the accused—following a minor girl to express his love and boasting that she would eventually accept his advances—constituted sexual harassment under Section 11(vi) of the POCSO Act.

The Court found that the behaviour of the accused clearly demonstrated an improper intention."The evidence provided by the victim was sufficient to establish that the accused repeatedly followed her despite her clear disinterest. His actions amounted to sexual harassment under the POCSO Act," the Court said.

The case arose from an incident on August 19, 2017, when the victim, after enduring persistent harassment, slapped the accused and subsequently reported the matter to her mother, leading to the filing of a First Information Report (FIR).

The Court also dismissed the defense counsel's argument that the victim had falsely implicated the accused due to her involvement with another boy.

The Court highlighted the reluctance of families to report such incidents due to the potential stigma, noting that the absence of any suggested motive or enmity between the victim's family and the accused further supported the credibility of the victim's testimony. "When the girl is involved in such an incident, there is reluctance on the part of the parents to report such a matter to the police. Reporting of such a matter to the police and bringing such a matter in public domain, with certainty, can spoil the future of the girl. Such an offence produces stigmatic consequences, not only for the girl but, also for the family. The reporting of such crimes always puts the prestige and reputation of the family at stake. In the ordinary circumstances the parents even cannot think of involving their daughter in such an incident," the Court said.

Further, the Court said, "In this case, there is no evidence even to suggest that they have any motive to falsely implicate the accused. There was no suggestion of any enmity on any account between the parents of the victim and the accused. In my view, this is the most vital circumstance to reject the submissions made on behalf of the accused."

"The evidence presented is credible and trustworthy, and there is no substance in the appeal," the single-judge concluded, affirming the conviction for both stalking and sexual harassment.

Conclusively, the Court held, "There is no substance in the appeal. The offence of stalking and sexual harassment has been proved against the accused. The evidence is sufficient to establish the basic ingredient of the offence under Section 354-D (1) sub-clause (i) and Section 11 (iv) of the POCSO Act. Learned Judge has awarded a substantive sentence of one year. Learned Judge has taken lenient view on this count. I do not see any reason to modify the substantive sentence. As such, the appeal deserves to be dismissed."

Accordingly, the Court dismissed the Criminal Appeal.

Cause Title: Mituram v. The State of Maharashtra & Anr. [2024:BHC-NAG:9177]

Appearance:-

Appellant: Advocate R.D. Hajare

Respondent: Additional Public Prosecutor (APP) Mukta Kavimandan, Advocates Aniket Rangari, Mohini Sharma

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