Daijiworld Media Network – Raipur

Raipur, Jul 28: In a significant judgment, the Chhattisgarh High Court has acquitted a youth booked under the POCSO Act and the SC/ST (Prevention of Atrocities) Act, observing that saying "I love you" alone does not constitute sexual harassment in the absence of clear sexual intent.

The case stemmed from the Kurud police station limits in Dhamtari district, where a 15-year-old girl alleged that the youth had expressed his affection by saying “I love you” while she was on her way home. She also accused him of previous instances of harassment. Acting on her complaint, police filed charges under IPC Sections 354D and 509, Section 8 of the POCSO Act, and Section 3(2)(va) of the SC/ST Act.

However, the trial court had earlier acquitted the youth due to insufficient evidence, prompting the state government to appeal the verdict in the High Court.

A single-judge bench of Justice Sanjay S Agarwal upheld the acquittal, stating that the prosecution failed to prove either the sexual intent of the accused or that he was aware of the girl’s caste. The court ruled that an isolated instance of saying "I love you," without persistent or suggestive behaviour, does not meet the criteria for sexual harassment as per Section 7 of the POCSO Act.

The court also criticised the investigative process, pointing out that the victim’s age was not properly verified and that the overall probe was careless and inadequate. Citing the Supreme Court’s judgment in Attorney General for India vs Satish (2021), the judge reiterated that a sexual overture must be backed by intent to fall under the scope of sexual harassment.

With this, the High Court dismissed the appeal and confirmed the youth’s acquittal.