The court acquitted the accused of charges of Section 354 (assault or criminal force used with intention to outrage modesty of a woman) of the Indian Penal Code. A 33-year-old man was sentenced to two years in jail for stalking a minor by a special court in Mumbai on Thursday.
While the accused claimed that he was using the same route as the minor for his personal work and not stalking her, the court said this contention could not be believed.
“The victim has categorically deposed that the accused was following her. It needs to be seen that a girl is aware who is following her and who is just a passer-by. The accused has not justified his reason for every day going after the victim,” the court said.
According to the prosecution, the girl was returning from her tuition class at 9.30 pm, when the accused followed her and then held her hand when she was entering her building. The girl raised an alarm following which the accused was caught.
The girl’s father reached the spot and a police complaint was filed. Based on the evidence, the court found the accused guilty of following the victim but did not find evidence that he had held her hand. The court acquitted the accused of charges of section 354 (sexual harassment) of the Indian Penal Code.
“In the present case, the victim was sexually harassed by the accused when she was pursuing her education. Such kind of acts create fear in mind of children and hence leniency cannot be shown to the accused,” the court said.
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