Following A Girl Only Once Will Not Amount To Stalking: Bombay High Court

In a significant order, the Nagpur bench of the Bombay High Court recently held that merely following a girl or a victim once, will not amount to stalking as prescribed under the 354-D of the Indian Penal Code (IPC) and the provisions under the Protection Of Children from Sexual Offences (POCSO) Act.

Single-judge Justice Govind Sanap delivered the ruling on December 5, 2024, while acquitting two boys, convicted for stalking a minor girl by following her. The judge said that a single instance of the boys following the victim will not constitute the offence of stalking.

"It is to be noted that in order to attract the offence of stalking, the prosecution must prove that the accused repeatedly or constantly followed, watched or contacted a child either directly or through electronic, digital media. In view of this mandatory requirement of the offence of stalking, a solitary instance of following the victim would not be sufficient to make out this offence," the judge held in the judgment pronounced on December 5. The judge was hearing appeals filed by two boys, both convicted for stalking a minor girl and subsequently sexually assaulting her. The judge noted that the victim in her testimony did not attribute any specific role to the second accused in the case. It noted that the second accused only accompanied the first accused boy, while he followed the victim when she went to fetch water from the well.

Further, the judge noted that the second accused also accompanied the first accused boy, in January 2020, when he visited the house of the girl and forced himself upon her by gagging her mouth and pressing her breast. During all this, the court noted, the second accused was only standing outside the victim's house and thus, he could not be convicted either for sexual assault or stalking and therefore acquitted him from all the charges.

As far as the first accused is concerned, the court opined that the offence of stalking is not made out since he followed the girl only once.

As regards the offence of sexual assault is concerned, the bench noted the evidence of the victim and also her sister, both of whom testified, that the first accused entered her house and gagged the victim's mouth and pressed her breast. The judge found their testimony to be reliable and trustworthy and therefore, upheld the conviction of the first accused on this count.

Appearance:

Advocates Jasprit Singh Chilotra and Neerja Chaubey appeared for the Appellants.

Additional Public Prosecutor CA Lokhande represented the State.

Advocates Sonali Saware-Gadhwe and SH Bhatia were appointed to represent the Victim.

Case Title: Amit Chavan vs State of Maharashtra (Criminal Appeal 364 of 2022)

Citation: 2025 LiveLaw (Bom) 4

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