Man gets 5 yrs for stalking, grabbing Class 10 student
The court found that the accused stalked the victim for over a month, caught hold of her hand, and uttered "I love you," an act resisted by the victim.
"The act of the accused holding the hand and pulling her towards him is itself applying criminal force to the victim. Despite the disinterest shown by the victim, the accused continued the act, attempted to talk with her and stalked her. The act of the accused certainly outraged the modesty of the victim," the court said.
It, however, acquitted him of charges under Pocso Act as the prosecution failed to prove that the victim was under 18 at the time of the incident, thus making the act's provisions inapplicable. The investigating officer said the baptism certificate presented to prove her age was not issued by a local authority and was not sufficient proof.
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According to the prosecution, while the victim was attending tuition classes on June 5, 2019, a friend of the accused conveyed his desire to meet her.
The same night, while she walked back home, the accused intercepted her, grabbed her hand, pulled her close, professed his love, and attempted to kiss her. The victim resisted, pushed him away and confided in her aunt, with whom she was residing in the city. After an FIR was lodged, the man was arrested on June 8.
During the trial, the prosecution examined five witnesses. The victim's deposition was corroborated by her maternal uncle and aunt, who described her distressed state and immediate disclosure of the incident.
A key aspect of the judgment revolved around the victim's age. While a birth date of June 12, 2002, was stated, a baptism certificate indicated June 12, 2004. However, the court found that the prosecution failed to provide legally admissible proof that she was under 18 at that time. The baptism certificate was not issued by a local authority, and the victim herself, during cross-examination, admitted it was incorrect.
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