Name of the Case: Ravindra Laxman Narete v State of Maharashtra.
Citation: 2025:BHC-NAG:6106
Bench: Justice Urmila Joshi-Phalke.
Date: 30th June, 2025
In this present case, a significant clarification was provided over the interpretation of “sexual intent” under criminal law, wherein the Hon’ble Bombay High Court set aside the conviction of a 25 year old man who was accused under section 354A(1)(i) and 354D(1)(i) of the Indian Penal Code 1860 for sexual harassment and stalking, respectively, and further, under Section 8 of the Protection of Children from Sexual Offences Act, 2012 for sexually assaulting a 17 year old girl. This case was built on a solitary incident wherein the accused allegedly stopped the girl on the road while she was with her cousin, held the hand of the girl, asked for her name and said “I love you”.
The Hon’ble Court specifically emphasised that the expression “I love You” cannot by itself be deemed to convey any clear sexual intent. It was highlighted by the Hon’ble court that in order to establish sexual harassment or assault, there needs to be a fulfilment of clear statutory indicators which include the existence of physical contact with sexual intent and specifically be targeted to the private parts of the accused or be otherwise clearly sexual in nature, demonstrating an intent to engage in or to provoke sexual interaction. In the present case, considering that there was neither any repeated contact, nor any act amounting to a direct sexual overture, therefore the Hon’ble court ordered the immediate release of the accused and acquitted the appellant of all charges therein, asserting that a mere admission of romantic interest in absence of any further acts cannot invite such stringent penal consequences under POCSO or IPC1.
- https://bombayhighcourt.nic.in/generatenewauth.php?bhcpar=cGF0aD0uL3dyaXRlcmVhZGRhdGEvZGF0YS9uYWdqdWRnZW1lbnRzLzIwMjUvJmZuYW1lPTIzMDEwMDAwNDcxMjAxN18yOS5wZGYmc21mbGFnPU4mcmp1ZGRhdGU9JnVwbG9hZGR0PTAxLzA3LzIwMjUmc3Bhc3NwaHJhc2U9MDIwNzI1MTMzMzQ2
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