MUMBAI: In a rare instance under the Protection of Children from Sexual Offences (Posco) Act, after spending almost three years in jail — that’s the maximum sentence that the crime of stalking a minor child attracts — a 33-year-old pavement dweller, whose trial had been stalled due to the Covid-19 pandemic, pleaded guilty to the charges. When an accused pleads guilty, he forfeits his right to a trial and is directly convicted by the court.
Mejbauddin Khan’s latest stance was in sharp contrast to the time prior to the pandemic, when he had pleaded not guilty to the same charges.
Finding now that Khan had made the recent decision voluntarily, the special POCSO Act court last week sentenced him to the time already spent in jail. A penalty of Rs 100 was also imposed on Khan.
“The accused is in jail since March 18, 2018, which is more than two years and the trial may not be concluded within the reasonable time due to the Covid pandemic and thus the pleading guilty by the accused from jail is voluntary without any coercion, misunderstanding and with free consent and needs to be accepted by imposing reasonable sentence...” the court said.
A complaint had been registered by the 14-year-old girl’s mother. The mother had told the police that Khan used to talk on the phone outside their home and keep a watch on them. The other had further alleged that the accused pursued the teenage girl about four to five times when she had left home to buy household articles.
The mother also said that the child informed her on March 18, 2018, that whenever she would leave the house, the accused would follow her and ask her for her name. The mother then complained to the child’s father.
When the girl’s father confronted the accused and asked him the reason for his behaviour, he had replied saying that he wanted to marry the child. A crowd had then gathered at the spot and they had beaten up the accused.
The girl’s mother went to the police and lodged a complaint against him . The accused was subsequently arrested.
Khan was found guilty for the offences of stalking under Indian Penal Code and sexual harassment under Pocso Act.