Stalking minor girl despite her clear indication of disinterest: HC upholds conviction under Posco Act

In a significant ruling, the Nagpur bench of the Bombay High Court confirmed that persistent pursuit of a minor by an adult, despite the minor's clear lack of interest, amounts to sexual harassment under the Protection of Children from Sexual Offences (Pocso) Act. The case involved a 28-year-old man from Amravati, found guilty of harassing a 13-year-old schoolgirl by repeatedly expressing his love and claiming she would eventually reciprocate.

Justice Govinda Sanap, while dismissing the man's appeal, emphasized that the accused's behavior demonstrated harmful intent. The man had repeatedly followed the victim, attempting to engage her in a relationship, professing his love, and asserting that she would eventually accept his feelings. The court found this conduct indicative of malicious intent.

The court underscored that evidence provided by the victim testimony was deemed sufficient to establish that the accused harassed her with the intention of forming a personal relationship, despite her clear disinterest. The court determined that the evidence supported the charges of sexual harassment under Section 11 sub-clause (VI) of the Pocso Act, which was applicable in this case. Justice Sanap highlighted that the accused's actions clearly reflected his improper intentions.


The incident occurred in July-August 2017, when the accused, Mituram Dhurve, began stalking the 13-year-old girl outside her school in Warud town, Amravati. He followed her on his motorcycle as she attended tuition classes, eventually confronting her on August 19. On that day, Dhurve grabbed her hand, professed his love, and insisted she would one day accept him. The girl resisted, slapped him, and reported the incident to her parents, leading to a police complaint.

Dhurve was subsequently charged under Section 354-D(1)(I) for stalking and Section 12 of the Pocso Act for sexual harassment. He was convicted by the Amravati sessions court and sentenced to one year of rigorous imprisonment. His appeal, arguing false implication, was rejected by the High Court. Justice Sanap upheld the conviction, affirming that the evidence against Dhurve was conclusive and that the offences of stalking and sexual harassment were clearly proven. (With TOI inputs)