IMPORTANT POINT
The appellate court upheld the trial court's discretion in sentencing, affirming that minimal sentences for stalking and sexual harassment did not warrant enhancement without strong justification.

JUDGMENT :

VIMAL K. VYAS, J.

1. Though served with the notice issued by this Court, the respondent-accused has not remained present before this Court either in person or through an advocate and oppose the present appeal.

2. This enhancement appeal is being filed by the State under Section 377 of the Code of Criminal Procedure, 1973, against the judgment and order of conviction and sentence dated 25.09.2023 passed by the learned Special (POCSO) Judge and Additional Sessions Judge, Kheda at Nadiad, in Special (POCSO) Case No. 28 of 2021, whereby the learned Special Judge convicted the respondent-appellant (i.e. the original accused no. 1) for the offences punishable under Section 354D(1)(i) of the Indian Penal Code, 1860, as well as under Section 12 of the Protection of Children from Sexual Offences Act, 2012, and sentenced him as under:

3. The case of the prosecution, in a nutshell, is as under:

(i) That on 01.03.2021 at around 12:00 noon, while the present complainant-victim along with her sisters (i.e. victims-Witnesses Nos. 4 and 5) were returning home from their tuition classes, at that time, the present appellant-accused no. 1 and the accused no. 2 started harassing and eve teasing them and used lewd remarks while following and stalking them, thereby the accused committed the offences punishable under the provisions of the Indian Penal Code.

(ii) That a complaint came to be lodged against the present respondent-accused at the Nadiad (Rural) Police Station for the offences under Sections 354D(1)(i), 114 of the IPC as well as under Sections 11(1), 12 of the POCSO Act, which was registered as I-CR No. 11204045210074 of 2021.

(iii) That pursuant to the FIR, the investigation was carried out, and during the investigation, the necessary panchnamas were drawn and the statements of the witnesses conversant with the incident were recorded. After the completion of the investigation, charge-sheet came to be filed against the present respondent-accused for the offences punishable under the provisions of the IPC as well as the POCSO Act before the Sessions Court, Kheda at Nadiad, and it was registered as Special (POCSO) Case No. 28 of 2021. The learned Special Judge framed the Charge vide Exh.5 against the present respondent-accused, whereupon the respondent-accused pleaded innocent and claimed to be tried.

4. To bring home the charge against the respondent-accused, the prosecution examined, in all, 07 witnesses and adduced 07 documentary evidence in support of the case, which are as follow:

WITNESSES

DOCUMENTARY EVIDENCE

5. The learned Special Judge recorded the further statement of the respondent-accused under Section 313 of the C