A special court, established under the Protection of Children from Sexual Offences (POCSO) Act, has issued a sentence to a 48-year-old individual of two months for stalking a teenager from his neighborhood while she attended classes. The court made the observation that the victim's testimony clearly indicated that the accused had a pattern of stalking women in the neighborhood.
Accused said he'd been falsely accused
The accused, identified as a tempo driver, attempted to defend himself by claiming that he had been falsely accused. He argued that his presence near the 17-year-old's chawl was merely due to parking his vehicle for loading and unloading purposes. However, the court dismissed this explanation as it found it to be lacking credibility.
In the judgment on Friday, Special POCSO Judge Jayshri R. Pulate emphasized the significance of the victim's statement before the Magistrate, which was recorded after the FIR was filed. The judge highlighted that the victim explicitly stated that the accused would consistently follow her whenever she attended her classes. Therefore, her testimony, even before the magistrate, affirms the continuous harassment inflicted by the accused through his persistent stalking. The court further observed that the victim's testimony clearly indicated her discomfort with the accused's actions. It noted that she expressed her disinterest in him and explicitly conveyed this to him, yet he persisted in stalking her.
Accused's lawyer pointed out 2 month delay in filing FIR
The advocate representing the accused had raised an argument regarding the two-month delay in filing the FIR. In response, Judge Pulate clarified in the order that the delay did not raise any suspicion. The judge noted that the accused had continued to stalk the victim for a period of two months, causing the victim to become increasingly frustrated with his behavior. Eventually, she decided to report the incidents to the police. The order emphasised that this delay in filing the FIR simply indicated that the victim initially disregarded the accused's behavior, but as it persisted, she felt compelled to take legal action by lodging the FIR.
The man had also pointed out that there are no independent witnesses examined to corroborate the victim’s allegations.
People reluctant to depose in stalking/sexual harassment cases: Court
The order stated that in an offence like stalking, there cannot be any independent witness. “There is always reluctance of the people to depose in the Court in the matters of sexual assault or stalking,” it stated.
Considering factors such as the accused's age and absence of a prior criminal record, Judge Pulate exercised leniency and imposed a reduced sentence of one year in jail.
