Stalking once is not stalking, but doing it again and again is a crime.

The Bombay High Court has made important comments during the hearing of a case of sexual assault of a minor. Justice GA Sanap clarified that stalking a girl only once does not amount to stalking under section 354 (D) of the Indian Penal Code (IPC). If a person stalks repeatedly, it may be considered a crime.

In this case, Justice Sanap said that stalking only once cannot be termed as stalking, but there should be clear evidence that the accused has repeatedly stalked the girl. The allegation was that in January 2020, the accused stalked the girl and expressed his desire for marriage, to which the girl flatly refused. Despite this, the accused continued to harass the girl, and the girl’s mother had also spoken to the accused’s family.

According to the allegation, on August 26, 2020, the accused entered the girl’s house and molested her, while another accused kept guard outside the house. The trial court imposed several sections on both the accused, including sections of the POCSO Act, sexual harassment, and house breaking.

During the hearing on the petition of the accused, the High Court acquitted him of stalking charges, but clarified that he was not acquitted of all the charges. The co-accused was acquitted of all charges. The judge upheld the convictions for the other crimes. The trial court had sentenced the accused to rigorous imprisonment for three to seven years, after which the accused approached the High Court.

The High Court has upheld the conviction of the main accused under Section 354A of the IPC for sexual assault and Section 8 of the POCSO Act, but modified the sentence to take into account the age of the accused and the two and a half years spent in custody. Is.