Following a girl does not constitute stalking, rules Bombay HC

The Bombay High Court has ruled that a single instance of following a girl does not constitute stalking under the Indian Penal Code (IPC) or the Protection of Children from Sexual Offences (POCSO) Act. The ruling came in a case involving the alleged sexual harassment of a 14-year-old girl in Akola district, Maharashtra.

Key Ruling Details
Justice Govinda Sanap of the Nagpur bench of the Bombay High Court clarified that to prove stalking, the prosecution must demonstrate that the accused repeatedly or constantly followed, watched, or contacted the child, either directly or through electronic media. This ruling came after the girl's mother filed a complaint on September 4, 2020, accusing two 19-year-olds of stalking and harassing her daughter on August 26, 2020.

Court's Decision on Convictions

The High Court upheld the conviction of one of the accused for house trespass, groping the minor, and threatening her to remain silent. He was sentenced to two years and six months in prison, which he had already served, along with a fine of Rs 5,000. Consequently, the first accused was set free.

However, the court acquitted the second accused, stating that he played no active role in the incident. The conviction for stalking (Section 354-D of IPC) and other related offences was not sustained due to insufficient evidence. Justice Sanap noted, "The offences are proven only against the first accused."

Background of the Case

The Akola Sessions Court had convicted both accused individuals on June 3, 2022, sentencing them to rigorous imprisonment ranging from three to seven years. However, the Bombay High Court’s recent ruling overturned part of that decision, modifying the punishment for the first accused and acquitting the second.

This judgment clarifies the legal requirements for proving stalking under Indian law, emphasizing the need for evidence of repeated or constant actions.