Maharashtra: The Nagpur bench of the Bombay High Court acquitted two 19-year-old youths, saying that following a girl once would not be enough to presume that the crime of stalking has been committed

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The Nagpur bench of the Bombay High Court has made an important remark while hearing a case of molestation. The court said that following a girl once is not a crime of stalking. The High Court acquitted two 19-year-old youths in this case, saying that following a girl once would not be enough to believe that the crime of stalking has been committed.

The Nagpur bench of the Bombay High Court has made an important remark while hearing a case of molestation. The court said that following a girl once is not a crime of stalking. The High Court acquitted two 19-year-old youths in this case, saying that following a girl once would not be enough to believe that the crime of stalking has been committed.

Sentence of one accused upheld

However, the High Court has upheld the sentence of one on molestation charges. Both were convicted in 2022 by a sessions court in Akola for molesting and following a 14-year-old girl in 2020. They were sentenced to five years in jail for molestation and three years for stalking.

It was alleged that both of them followed the girl and one of them told her that he liked her and wanted to marry her. The girl complained to her mother, who raised the issue with the parents of the youths. However, a few days later, the youth who had expressed his love for the girl reached the victim’s house and molested her.

‘Repeated stalking or contact necessary’

A single bench of Justice GA Sanap, in its judgment delivered in December 2024, a copy of which was made available on Monday, said that it is right to convict one youth for molestation, but it is wrong to convict another youth for stalking. The High Court said that it should be noted that for the crime of stalking, the prosecution has to prove that the accused followed, watched or contacted someone repeatedly or continuously, directly or through electronic, digital media.

Not enough to prove the crime
The bench said that given this essential requirement of the crime of stalking, the mere instance of stalking the victim would not be enough to prove the crime. The bench also reduced the sentence of a youth of five years to the period he has already spent in jail since his arrest in 2022.