A special court in Thane has cleared a 25-year-old man of charges related to the alleged stalking and sexual harassment of a 15-year-old girl back in 2019. The court ruled that merely uttering the words "I love you," in the absence of any physical contact or conduct demonstrating a clear sexual intent, does not by itself constitute offences under the Indian Penal Code (IPC) or the Protection of Children from Sexual Offences (Pocso) Act.
The Court's Reasoning and Lack of Evidence
Presiding over the case, Special Judge Ruby U Malvankar noted that while the prosecution successfully proved the victim was a minor at the time, it failed to establish the specific charges against the accused with credible and independent evidence. The judge emphasized that the allegations of stalking and surveillance were based solely on the testimony of the girl.
The court pointed out a significant lapse in the investigation: despite the incident allegedly occurring in a densely populated chawl locality, no independent witnesses were examined to corroborate the victim's claims of being followed or repeatedly called.
Breaking Down the Specific Charges
On the charge of house trespass, the court observed that the girl herself admitted the door to her home was inadvertently left unbolted on the day in question. This admission played a crucial role in the court's assessment of the trespass allegation.
Most critically, the court highlighted that there was no allegation of any physical contact, inappropriate touching, or any overt act that could unmistakably indicate a sexual intent behind the man's words. The absence of such demonstrative conduct formed the core of the acquittal decision.
Case Background and Final Outcome
According to the complainant's testimony, the accused, who was from the same neighbourhood, had repeatedly called her and followed her movements. She stated that on one occasion when she was alone at home, he entered the house and told her "I love you."
However, the court held that without further action or context transforming those words into a demand or request for sexual favours, they could not be construed as sexual harassment under the applicable laws. The 2019 case thus culminated in the acquittal of the accused, with the court underscoring the necessity for concrete evidence to secure a conviction, especially in serious charges brought under the stringent Pocso Act.
This ruling brings into focus the legal interpretations of verbal advances and the high threshold of proof required to establish sexual intent in the absence of physical acts, setting a notable precedent for similar cases.
