HC grants bail to man booked for stalking, sexually assaulting minor

On Thursday, the court prima facie observed that while the question of the applicant’s act of holding the victim’s hand amounting to sexual assault of minor as per the Protection of Children from Sexual Offences (POCSO) Act is debatable, the fact that he pursued the victim next day despite a clear rebuke by her may attract section 354D (stalking) of the IPC.

The HC held that the investigation is complete and chargesheet filed in the case. As the accused has served more than the minimum sentence under section 354 IPC and section 8 of POCSO Act, the court allowed his release on bail provided that he does not enter the village for the next six months.

A single-judge bench of Justice N J Jamadar passed the order on June 29 in a bail application by the man booked in 2020 on an FIR lodged by the victim’s mother.

As per the complaint, the victim, who was 15 at the time of the incident, had come to her father’s shop to allow him to take a lunch break. On finding the girl alone at the shop, the accused entered the premises, approached the victim and held her hand after threatening her.

When the victim turned down his demands to accompany him to meet his parents, he warned her of dire consequences and threatened her again the next day, the complaint stated. At this, the victim got scared and started crying following which a man who owned the neighbouring shop apprised the girl’s mother about the incident. An FIR was lodged in the case thereafter.

Newsletter | Click to get the day’s best explainers in your inbox

Advocate Rekha Musale for the accused said that even if the prosecution case is taken at par, the offence of sexual assault under POCSO Act cannot be made out and it cannot be said that he subjected the victim to sexual harassment. Musale added that, “in any case applicant cannot be said to have touched the victim’s hand with intent to sexually exploit her”. In addition, the applicant’s lawyer argued that a 6-day delay in filing FIR impaired prosecution’s case.

Justice Jamadar observed, “… Prima facie, the said act on the part of the applicant, if considered in juxtaposition with the utterances of the applicant which, in a sense, spell out the intent of the applicant, renders the applicability of the provisions contained in Section 8 (sexual assault) of the POCSO Act debatable. The fact that the applicant pursued the victim on the second day, despite a clear rebuke by the victim may, however, bring the conduct of the applicant within the dragnet of Section 354D (stalking) of the Penal Code…

The judge added, “…The applicant appears to have roots in society to bind him down to his place of abode. In my view, a direction not to enter the village, for a period of six months, would adequately protect the interest of the victim and her parents.”

The court directed that the applicant be released on bail on furnishing Rs 25,000 personal bond along with sureties and directed him to cooperate with the trial court proceedings.