Snehal Upadhyay-
Published on: August 13, 2021 at 14:50 IST
A special court of Mumbai has sentenced a 28-year-old man to four years of imprisonment for stalking a minor girl, winking and luring at her with money to accompany him. The accused was convicted under the Protection of Children from Sexual Offences (POCSO) Act.
On March 6, 2017, an FIR (First Information Report) was lodged at Deonar police station by the mother of the then 12-year-old minor girl.
In the FIR the mother claimed that her daughter said to her that an anonymous man had winked at her and 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 mother instantly informed about this incident to the father of the girl and the couple approached the Police.
Following the FIR, the police filed a charge sheet against the accused, the 28-year-old accused was a labourer and he pleaded not guilty in front of the Court.
During the trial procedure, the Court observed that “There is no probability brought on record suggesting any previous enmity between the victim and 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.”
The single Bench of Judge Seema Jadhav held the accused guilty with considering all the shreds of evidence presented against him, the accused also uttered the words such as ‘chal mere saath’ (come with me) which intended to insult the modesty of the minor.
Judge Jadhav held the accused of stalking the victim which is punishable under Section 354D of the IPC.
The Court further said “The act of winking at her, uttering the words such as ‘chal mere saath’ and exhibiting the object i.e. note of Rs 100 with an intent to insult her modesty is punishable under Section 509 of the IPC and lastly the combined act is punishable under Section 12 of the POCSO.”
Therefore, the Court sentenced the labourer for imprisonment to the extent of an already undergoing term, and to also compensate with a fine of Rs 500 and, undergo simple imprisonment of three days.