IMPORTANT POINT
The judgment reinforces the legal standards for proving stalking and sexual harassment, particularly in cases involving minors, emphasizing the credibility of victim testimony.

JUDGMENT :

1. In this appeal, the challenge is to the judgment and order dated 04.02.2021 passed by the learned Sessions Judge, Amravati, whereby the learned Sessions Judge held the appellant guilty of the offence punishable under Section 354-D (1) (i) of the Indian Penal Code (for short, “the I.P.C.”) and under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”) and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000/-, in default of payment of fine to further suffer simple imprisonment for one month.

2. Background facts:-

The report in this case was lodged by the victim girl on 19.08.2017. It is stated that on the date of the incident, the victim was 13 years of age and studying in 9th standard. At the relevant time, she was also attending the tuition classes at Warud. The timing of her tuition classes was 8.00 a.m. to 11.00 a.m and her school timing was 12.00 p.m. to 5.15 p.m. The victim has stated in her report that since prior to one month of the report dated 19.08.2017, one boy would stand in front of school and would stare at her. The said boy would take his motor cycle near to the victim. It is stated that one day when she was proceeding from school to her house by ring road, the said boy suddenly came in front of her and expressed his desire to talk to her. The victim told him that she was not acquainted with him. At that time the said boy disclosed his name as Mituram Dhurve. The victim flatly refused to communicate with the said accused in any manner. It is stated that the accused thereafter was repeatedly following her. The victim told him not to follow her; otherwise she would disclose the incident to her parents. There was no change in the behavior of the accused. He would constantly follow the victim.

3. It is stated that on 19.08.2017 she finished her tuition class at Malpe Sir and was proceeding to attend the tuition class of English subject. She was proceeding via post office Hanuman Temple towards Jagruti School. When she went near the post office , one person came from behind and caught held her hand. She turned around and saw that he was the accused, who had caught held her hand. She pleaded with the accused to release her hand, but at that time the accused told her that he loves her and one day she would accept his love. The victim resisted and some how rescued herself from the accused. She gave him a slap on the face. At the relevant time, one unknown person came there and made an inquiry whether the accused was harassing her. She informed the said person that the accused was harassing her. The said unknown person told her that he would take care of said boy. She should attend her tuition class. The victim went to attend the tuition. After attending the tuition, she went to the school. Her mother came to the school to take her to the doctor. She disclosed the incident to her mother. The mother informed her father about the incident. Her father came there. They together went to the police station. The victim lodged the report at Warud Police Station. Police registered First Information Report No.0627/2017 against the accused.

4. Priya Umale, PSI (PW-3) conducted the investigation. She drew the spot Panchanama. She collected the documents of the age of the victim. She recorded the statements of the witnesses. After completion of the investigation, she filed the charge-sheet against the accused. Learned Sessions Judge framed the charge against the accused. The accused pleaded not guilty. His defence is of false implication. Prosecution examined four witnesses to prove the charge against the accused. Learned Sessions Judge, on consideration of the evidence, held the accused guilty of the offence punishable under Section 354-D (1), sub-clause (i) of the I.P.C. and under Section 12 of the POCSO Act and sentenced him as above. Being aggrieved by the judgment and order, the appellant has come before this Court in appeal.

5. I have he