‘Stalking, saying I love you to girl, sexual harassment’: Chhattisgarh High Court upholds man’s POCSO conviction

Man followed girl despite her ‘disinterest’

• The essential ingredients of Section 354(D) of IPC (stalking) are clearly made out, as the accused repeatedly followed the victim and contacted or attempted to contact her despite her disinterest.
• Further, the acts of making unwelcome sexual remarks towards a minor fall squarely within the ambit of Section 12 of the POCSO Act.
• The defence has not been able to establish any motive for false implication.
• No material contradiction or legal infirmity has been pointed out which would justify interference with the findings recorded by the trial court.
• Thus, the prosecution has been fully successful in proving the offence under Section 354 (D) of IPC and Section 12 of POCSO Act against the accused beyond reasonable doubt.

• There is no illegality or perversity in the impugned order.
• It is well settled that the testimony of a victim of sexual harassment, if found reliable and trustworthy, does not require independent corroboration.
• Evidence on record is cogent and free from material contradictions.
• Conviction of the appellant under Section 354 (D) of IPC and Section 12 of POCSO Act is affirmed.
• Sentence imposed upon the appellant is modified and reduced to the period already undergone by him.
• Fine imposed by the trial court should remain intact.

Conviction stands firm

• The appellant, Ajit Rao, had been convicted by a Raipur sessions court on August 1, 2016.
• He was sentenced to three years’ rigorous imprisonment on each count, along with fines.
• The high court found no infirmity in this conviction.
• It further ruled that such conduct squarely falls within the ambit of sexual harassment under the POCSO Act when directed at a minor.

Pattern of persistent harassment

• The case arose from a complaint lodged in January 2016 by a class 10 student from Raipur district.
• According to the prosecution, the accused, a neighbour, had followed the girl daily for nearly four months on her way to school.
• He repeatedly uttered “I love you” despite her discomfort.

• He wrote similar messages along with their names on bridges, trees, and school walls, making the harassment public and humiliating
• The victim reported feeling distressed and unsafe due to the repeated acts.

Minor status crucial, proven through school records

• A central issue before the Chhattisgarh High Court was whether the victim was a minor at the time of the incident.
• Relying on school records and consistent oral testimony, the court concluded that the victim was around 16 years old in January 2016.
• Her date of birth (June 10, 1999) stood unchallenged.
• Documentary evidence, including progress reports, remained intact and credible
• This finding was critical in sustaining the conviction under the POCSO Act.

Defence fails to show false implication

• Advocates Pooja Yadav and Shivendu Pandya, appearing for the man, argued that the trial court judgment was “perverse” and based on conjectures.
• However, during the hearing, the defence ultimately chose not to press the appeal on merits, focusing instead on the reduction of the sentence.

• The high court noted that there were no material contradictions in prosecution’s evidence.
• No motive for false implication.
• No legal infirmity warranting interference.

Sentence reduced after 10-year legal battle

• While refusing to interfere with conviction, the Chhattisgarh High Court granted relief on sentencing, citing mitigating circumstances the accused had been facing trial since 2016.
• He had no prior criminal antecedents.
• He spent a few days in custody (January 10-14, 2016).

• The sentence imposed was relatively short.
• “In the interest of justice,” the court reduced the sentence to the period already undergone, while keeping fines intact.

Bail cancelled, proceedings conclude

• As the appellant was on bail during the appeal, the court ordered cancellation of bail bonds and discharge of sureties.
• This effectively brings the decade-old criminal proceedings to a close.

Legal significance

• The Chhattisgarh High Court ruling highlights two key judicial approaches- zero tolerance on harassment of minors, especially where conduct is repetitive and publicly humiliating and measured sentencing, where prolonged trial, clean antecedents, and minimal custody weigh in favour of leniency

• Even seemingly verbal acts like repeated unsolicited expressions of affection can amount to stalking and sexual harassment when they cross into persistence, coercion, and intimidation, particularly in cases involving minors.

With inputs from Sumit Kumar Singh, who is an intern with The Indian Express