Merely expressing love to an adolescent girl does not attract sexual harassment - Pune

Recently special sessions judge KK Jahagirdar held that merely expressing love to an adolescent girl does not attract section 12 of the Protection of Children from Sexual Offences (POCSO) Act and acquitted the accused. The act of the accused could have attracted section 12 only if it was done with sexual intent. 

The mother of the girl registered a complaint against Rane, alleging him of stalking, kidnapping, and sexually harassing her daughter. 

Rane, a 25-year-old engineer student proposed to a 16-year-old girl with the words, ‘I like you, I love you, and I want to marry you without any physical contact or explicit sexual overtures. Rane and the 16-year-old were good friends and would have conversations with each other on social media.

As per the prosecution, in march 2019, the 16-year-old informed her mother that she was going out. The mother saw her daughter leaving in a car. After inquiring, she came to know that her daughter went to Nigdi. After coming back, on being questioned, the girl informed that she was with Rane and that he had been stalking for months. The mother immediately filed a complaint at the Bhosari MIDC police station. 

During the trial, the girl informed in her statement that the accused took her to Nigdi for a surprise birthday party and then proposed to her in the car. She also informed that their friends were present during the celebration. 

Advocate Shridhar Huddar, appearing for Rane, contended that Rane expressed his love but did not have any sexual intent. 

The Court observed that the 16-year-old did not oppose or shout in the car. Moreover, she informed her mother everything before leaving with the accused. This clearly shows that the accused did not take away the victim without consent. Also, there is evidence to show that the two were chatting. The Court held that the facts clearly show that prosecution witnesses are lying before the Court.

Author: Papiha Ghoshal