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CHANDRASEKHARAN SUDHA, J.

1. In this appeal filed under Section 378(1)(b) of the Code of Criminal Procedure, 1973, (the Cr.P.C.), the State in Sessions Case No. 81 of 2013 on the file of the Additional Sessions Judge- 01, New Delhi District, Patiala House Courts, New Delhi, assails the judgment dated 29.01.2015 as per which the sole accused has been acquitted of the offences punishable under Sections 354A, 354D of the Indian Penal Code, 1860 (the IPC) and Section 12 of the Protection of Children from Sexual Offences, 2012 (the PoCSO Act).

2. The prosecution case is that on 20.03.2013, at about 10:00 PM at 572D, Naraina Village, New Delhi, the accused used criminal force upon PW2, aged about 17 years, with the intention to outrage her modesty and followed her with sexual intention to foster personal interaction repeatedly despite clear indication of disinterest by PW2. Hence, as per the charge-sheet/final report, the accused was alleged to have committed the offences punishable under Sections 354, 354A(i), (v), 354D, 509 IPC and Section 12 of the PoCSO Act.

4. When the accused was produced before the trial court, all the copies of the prosecution records were furnished to him, as contemplated under Section 207 Cr.P.C. After hearing both sides, the trial court, vide order dated 11.09.2013, framed a charge under Sections 354A, 354D IPC and Section 12 of the PoCSO Act, which was read over and explained to the accused to which he pleaded not guilty.

19. Though the appellant/accused has been chargesheeted for having committed offences punishable under Sections 354, 354A(i), (v), 354D, 509 IPC and Section 10 of the PoCSO Act, the trial court framed Charge only for the offences punishable under Sections 354A, 354D, IPC and 12 of the PoCSO Act. Therefore, I will consider whether the materials on record establish the said offences. Section 354A IPC defines the offence of sexual harassment. The essential ingredients are: (i) the victim must be a woman; (ii) there must be unwelcome and explicit sexual conduct; and (iii) such conduct may include physical contact and advances involving sexual intent, a demand or request for sexual favours, showing pornography against her will, or making sexually coloured remarks. The prerequisite of the offence is in the unwelcome nature of the act coupled with sexual intent. Section 354D IPC, on the other hand, contemplates the offence of stalking. The essential ingredients are: (i) the accused must follow or contact a woman repeatedly; (ii) such contact must be despite a clear indication of disinterest by the woman; or (iii) the accused monitors her use of the internet or electronic communication. Section 12 of the PoCSO Act provides punishment for sexual harassment of a child. The essential ingredients are: (i) the victim must be a child below 18 years of age; (ii) the accused must engage in sexual harassment without physical contact; and (iii) such conduct may include making sexual remarks, gestures, showing pornography, or repeatedly communicating with sexual intent.