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1. Briefly stated facts of prosecution case are that on April 23. 2013, complainant aged about 12 years (since she is the victim of sexual assault, her identity is withheld and hereinafter she is referred to as victim/complainant) had got recorded her statement (Ex.PW2/A) to ASI Pushpa alleging that she studied in 7th standard in Government Girls Senior Secondary School and she used to go to school along with her friend (PW3) and sometimes they used to take rickshaw to go to school. It was alleged that one day they hired a rickshaw of accused for their school and since then the said rickshaw puller i.e. accused used to follow them and asked them to sit in their rickshaw and stated that he would leave them at the school. It was alleged that the accused used to see them with bad intention and he was following them for the last 4-5 days. Accordingly, complainant asked her friend PW3 that they should make complaint to her mother. It was alleged that on April 23, 2013, victim and her friend left from their house to their school and when they reached near Shani Mandir, accused met them there. When they hired another rickshaw for their school, accused followed them in his rickshaw and started abusing the complainant in filthy language and also stated that he would give them chocolate. It was alleged that accused had blocked their passage by putting his rickshaw in front of their rickshaw. When their rickshaw puller scolded him, accused went away. It was alleged that when they were coming back from the school in a cycle rickshaw, accused again followed them till Shani Mandir and threatened the complainant. Accordingly, complainant narrated the incident to her parents. Thereafter, her parents apprehended the rickshaw puller near Braham Kumari Ashram where he was sleeping in his rickshaw. It was alleged that at that time accused was under the influence of liquor. Police was called. Public persons had beaten the accused. On the State Vs. Ashok Kumar statement of victim, an FIR for the offence punishable under Section 354D IPC read with Section 12 of Protection of Children from Sexual Offences Act was registered.
2. During investigation, documents relating to the date of birth of victim were collected. As per school record, her date of birth is May, 02, 2000. Her statement under Section 164 Cr. P.C. was also recorded.
3. After completing investigation, challan was filed against the accused Ashok Kumar for the offence punishable under Section 354D IPC read with Section 12 of Protection of Children From Sexual Offences Act.
4. After complying with the provisions of Section 207 Cr. P.C., a charge for the offence punishable under Section 354D IPC read with Section 12 of Protection of Children From Sexual Offences, Act was framed against the accused to which accused pleaded not guilty and claimed trial.
16. From the deposition of PW2 and P3, it is established beyond the shadow of all reasonable doubts that when they refused the accused to hire his rickshaw, he started following them while they were going to school and coming back and he also followed them on April 23, 2013 and even prior to that. Since accused followed them despite the fact that both the victims had clearly refused him to hire his rickshaw, accused has committed the offence of stalking as defined under Section 354D IPC as well as under
19. Similarly, from the testimony of both the witnesses it is also clear that accused had abused PW2 in filthy language, thus accused is also liable for the offence under Section 11 (i) of Protection of Children from Sexual Offences Act, which is punishable under Section 12 of the Act.
20. Pondering over the ongoing discussion, I am of the considered opinion that prosecution has succeeded to prove the guilt of accused Ashok Kumar for the offence punishable under Section 354D IPC and Section 11 (i) and 12 (iv) of Protection of Children from Sexual Offence Act, which are punishable under Section 12 of the Act, thus, I hereby hold him guilty thereunder.