Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High Court

In a significant ruling, the Nagpur bench of the Bombay High Court held that if a boy repeatedly follows a minor girl to talk to her, to express his love for her and then boast that one day she will accept his love, shows that his intention was not good and the same would amount to sexual harassment under the Protection Of Children from Sexual Offences (POCSO) Act.

Single-judge Justice Govind Sanap upheld the February 4, 2021 judgment of a court in Amravati, which convicted the appellant Mithuram Dhurve under charges of stalking (under Indian Penal Code) and sexual harassment (under POCSO Act).

In his August 8 judgment, the judge noted that the victim, in her evidence, has narrated the first hand account of behaviour and conduct of the accused.

"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 evidence of the victim would further be sufficient to prove that she was subjected to sexual harassment by the accused. The offence of sexual harassment as provided under Section 11 sub-clause (vi) of the POCSO Act would squarely apply in this case," the judgment states.

The single-judge noted that the said behaviour and conduct of the accused was sufficient to reflect on his intention.

"The accused was repeatedly following the victim girl. He wanted to talk with her. He wanted to have love relations with her. He expressed his love for the victim and boasted that one day the victim would accept his love and say yes to him. In my view, the intention of the accused is explicit from his conduct. His intention was not good," the judge held.

Upon perusal of the evidence of the victim, the court found that the victim at her level, initially tried to resist the accused and she also gave an understanding to the accused that she was not interested in him in any manner. However, the accused did not listen to her, which ultimately resulted in the occurrence of the incident on August 19, 2017, when the victim slapped the accused and later disclosed about his conduct to her mother and subsequently a First Information Report (FIR) was lodged against the accused applicant.

The judge also refused to accept the contention of the accused that he was falsely implicated in the instant case by the victim as she was involved with some other boy.

"It needs to be stated that when the girl is involved in such an incident, there is reluctance on the part of the parents to report such a matter to the police. 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," Justice Sanap said.

In the ordinary circumstances, the judge said, the parents cannot even think of involving their daughter in such an incident.

"In this case, there is no evidence to even suggest that they have any motive to falsely implicate the accused. There was no suggestion of any enmity on any account between the parents of the victim and the accused. In my view, this is the most vital circumstance to reject the submissions made on behalf of the accused. The evidence is credible and trustworthy. Such credible and trustworthy evidence cannot be discarded. In the facts and circumstances, I conclude that there is no substance in the appeal. The offence of stalking and sexual harassment has been proved against the accused," the judge held.

Appearance:

Advocate RD Hajare was Appointed for the Appellant.

Additional Public Prosecutor Mukta Kavimandan represented the State.

Advocates Aniket Rangari and Mohini Sharma were Appointed for the Victim.

Case Details: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)

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