A special Court in Mumbai has sentenced a 28-year-old man to 4 years in jail for stalking a minor girl, winking at her & luring her with money to accompany him. The accused was found guilty under the Protection of Children from Sexual Offences (POCSO) Act.
An FIR in connection with the case was registered on March 6, 2017, by the mother of the then twelve-year-old girl at Deonar police station. In her complaint, the woman alleged that her daughter told her that a man had winked at her & lured her with money when she was out to buy milk. The girl told her mother that she ran away after the man asked her to come with him.
The woman immediately informed her husband & the 2 approached the police. The couple claimed that the man had followed their daughter in the past also.
Acting on the complaint, the Police filed a charge sheet against the accused. The 28-year-old, who worked as a labourer pleaded not guilty.
While trial ensued, the Court observed, “There is no probability brought on record suggesting any previous enmity between the victim & accused, so as to falsely implicate him. There is nothing in her testimony to suggest that she was tutored in any manner so as to falsely depose. There is no reason to discard or disbelieve her version.”
“From the evidence on record, it emerges that the accused had stalked the victim on two to three occasions. He winked at her, showed her a note of Rs 100 & uttered the words ‘chal mere saath’ (come with me), intended to insult her modesty. The sole testimony of the victim is sufficient to prove the guilt of the accused,” said Judge Seema Jadhav.
Judge Jadhav held that stalking the victim is punishable under Section 354D of the IPC. “The act of winking at her, uttering the words such as ‘chal mere saath’ & exhibiting the object i.e. note of Rs 100 with an intent to insult her modesty is punishable under Section 509 of the IPC & lastly the combined act is punishable under Section 12 of the POCSO.”
With this, the court sentenced the labourer to imprisonment to the extent of an already undergoing term, pay a fine of Rs 500 and, undergo simple imprisonment of three days.
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