In an important decision, the Nagpur bench of the Bombay High Court ruled that just one instance of following someone does not count as stalking. This decision is based on Section 354-D of the Indian Penal Code (IPC), which was still in effect when the case was filed. The court emphasized that to prove stalking, a person must show that the accused repeatedly or persistently followed or watched them. The ruling was made by Justice Govind Sanap on December 5, 2024, in response to two appeals from individuals challenging their convictions for several offenses.
The Case: A 14-year-old girl from Akola, Maharashtra, reported that the two accused men had harassed her for several months. The prosecution claimed that one of the men forced his way into the victim’s home in August 2020, touched her inappropriately, and threatened her to keep silent about it.
Initially, a trial court found both men guilty under multiple sections of the IPC and the Protection of Children from Sexual Offences (POCSO) Act. They received harsh prison sentences ranging from three to seven years.
High Court’s Decision: Justice Sanap stated, “The prosecution must prove that the accused repeatedly or persistently followed or watched the victim. A single act of following cannot be considered an offense.” One of the accused was completely acquitted, while the other was still charged with sexual harassment and sexual assault due to credible evidence. However, the stalking and some other charges were dropped.
The second accused had his sentence reduced to two years and six months, which he had already served, and his fine was lowered.
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