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Synopsis

Special Judge Priya Bankar of the Special POCSO Court, Mumbai, recently convicted an ex-boyfriend for stalking her ex-girlfriend and sentenced him to imprisonment of 1 year and imposed a fine of Rs. 20000. 

The victim and the accused had known each other for two years and both of them were in a relationship. The victim stated that the accused used to ask her to not talk to other boys and handled her Instagram account as well. The victim had stopped talking to the accused as she did not like the nature of the accused. The accused then used to follow the victim, abused her with filthy language, and also threatened her. 

It was alleged that the accused had gone to the college of the victim and threatened her and asked her to accompany him on his motorcycle at BKC. The accused had also visited the classroom of the victim and threw a water of bottle at the victim. Thereafter a complaint was lodged against the accused. 

The accused had argued that there was a contradiction in the dates mentioned by the victim. However, the court rejected the arguments while noting that the statement was recorded after 3 1/2 years and due to lapse of time it would be difficult to get the exact dates. 

The accused argued that he was falsely implicated in the case. However, the court said that the evidence showed that the accused tried contacting the informed and tried to continue the relationship. The court said, 
"The victim girl was minor at the relevant time, and therefore, the provisions of POCSO Act are applicable in the present matter. There is presumption under section 30 of POCSO Act about the culpable mental state on the part of the accused. No doubt, the presumption under section 30 is rebuttable and the accused has to prove that he has no such mental state with respect to act charged. But, no such evidence has brought on record by the accused, to rebut the said presumption."

The Special Court convicted the accused for stalking, outraging the modesty of a minor girl, and criminal intimidation under the POCSO Act and IPC.

While awarding the sentence the advocate for the accused submitted that he is a 21-year-old boy and has a bright future. He said that he is the only earning member of the family and being an auto rikshaw driver comes from a poor family. He also informed the court that the accused does not have any criminal antecedent and requested the court to show leniency while awarding the sentence. 

The prosecution submitted that such incidents are increasing and that maximum punishment should be awarded.

The court sentenced the accused to imprisonment of 1 year and imposed a fine of Rs. 20000.

Case title: State of Maharashtra vs Barun Baijnath Mandal