Repeatedly Following Minor Despite Showing Disinterest Amounts To Stalking Under POCSO: Bombay High Court

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Synopsis

The bench also said that such offences produces stigmatic consequences not only for the girl but also the family

The Bombay High Court recently observed that repeatedly following a girl despite her disinterest amounts to stalking under the Protection of Children from Sexual Offences (POCSO) Act.

A single-judge bench of the high court at Nagpur, comprising Justice G.A. Sanap, upheld the conviction of a man who was found guilty of stalking a minor.

The victim alleged that the appellant used to follow her after she left her tuition classes, despite her warnings to stop.

Subsequently, on another day, the appellant held her hand, prompting the victim to slap him. This incident led to the lodging of an FIR against him.

While uploading the conviction the bench said, "The evidence of the victim is sufficient to prove that the accused repeatedly followed her with an intention to foster personal interaction despite a clear indication of disinterest by her," the order reads. 

The bench also said that such offences produces stigmatic consequences not only for the girl but also the family. 

"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 order states.