A special court in Mumbai has found a man guilty of stalking and sexually harassing a 16-year-old girl in incidents that took place nine years ago. The court sentenced him to three years of rigorous imprisonment and directed him to pay a fine of Rs 3,000. The accused, who was 19 at the time of the offence in early 2017, is currently married and the father of a three-month-old baby. Despite the passage of time and changes in his personal circumstances, the court held him accountable after examining the evidence and witness testimonies presented during the trial proceedings.
The prosecution case relates to events that occurred in January and February 2017 in a suburban locality of Mumbai. On January 31, 2017, during a neighbourhood ‘Haldi Kumkum’ function, the accused allegedly blew a flying kiss at the minor girl in public. A nearby resident noticed the act and informed the girl’s mother. Following this, the teenager disclosed a prior episode in which the accused had come up behind her while she was on her way to tuition classes, caught hold of her hand, and pulled her towards him. Terrified by the encounter, she had initially chosen not to share the incident with her parents.
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After learning about the incidents, the girl’s father summoned the accused and his mother to their residence to confront them and demand that he keep away from his daughter. Instead of resolving the matter amicably, the discussion reportedly turned hostile. According to the complaint, the accused and his family verbally abused the victim’s family during the confrontation. The dispute ultimately led to the filing of a First Information Report (FIR), initiating formal criminal proceedings against the accused for his conduct toward the minor girl.
During the trial, defence lawyer Santosh Pagare cross-examined the victim and suggested that the alleged flying kiss might have been part of a dance gesture during the community programme. The girl firmly denied this claim before the court. In its observations, the judge stated that the very suggestion put forward by the defence amounted to an indirect admission that the act had taken place. The court further held that blowing a flying kiss in such circumstances constitutes a sexually coloured gesture and amounts to sexual harassment, as it undermines the dignity and modesty of the victim.
The accused also argued that the neighbour who informed the girl’s mother was related to his family and that there was prior animosity between them, implying that he had been falsely implicated. However, the court rejected this line of defence. It noted that no evidence of hostility between the victim’s family and the accused’s family had been established. The judge reasoned that it was improbable that parents would jeopardise their teenage daughter’s reputation merely to support a neighbour in a personal dispute, thereby affirming the credibility of the prosecution’s case.