Pune court acquits man accused of stalking minor girl, threatening her

Special Judge Aniruddha Sulbha Subhash Gandhi acquitted Ujef Riyaz Pathan of charges under Sections 354D and 506 of the Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences

A special court in Pune on Monday acquitted a 23-year-old man accused of stalking a minor girl, threatening her and sexually harassing her, ruling that the prosecution had failed to establish the charges beyond reasonable doubt.

According to the prosecution, the girl was 15 years old and studying in Class 9 when Pathan allegedly contacted her through Instagram. (REPRESENTATIVE PIC)

Special Judge Aniruddha Sulbha Subhash Gandhi acquitted Ujef Riyaz Pathan of charges under Sections 354D and 506 of the Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences (POCSO) Act.

According to the prosecution, the girl was 15 years old and studying in Class 9 when Pathan allegedly contacted her through Instagram, followed her near her school in Pune and continued approaching her despite her father’s objections. The complaint was filed on March 23, 2020, after the girl told her father that Pathan had met her and taken her to a cafe in Panchgani, where she was studying.

The court noted that the prosecution had not produced the Instagram messages allegedly exchanged between the two, although the girl’s father admitted to having seen them. It held that electronic stalking could not be established without this material.

The judge also observed that the girl had not stated in her testimony that she was unwilling to meet the accused. Her father’s objection to their interactions could not substitute for proof that her wishes had been disregarded, the court said.

The court further held that speaking to each other and having coffee together did not, by themselves, establish sexual harassment under the POCSO Act. The prosecution had failed to prove the essential ingredients of the alleged offences, it said.

The court cancelled his existing bail and personal bonds and directed him to execute a bond of ₹15,000 under Section 437A of the Code of Criminal Procedure.