'No Sexual Intent': Bombay High Court Drops POCSO Charge Against Youth Booked For Slapping, Abusing Minor In Filthy Language
The Bombay High Court recently dropped the sexual harassment charge under stringent Protection Of Children from Sexual Offences (POCSO) Act against a 25-year-old boy, who was booked for allegedly slapping and abusing a minor girl in filthy language.Single-judge Justice Shivkumar Dige noted that the incident took place in 2020, when the applicant - Prasad Bade was 19 year old and the victim...
The Bombay High Court recently dropped the sexual harassment charge under stringent Protection Of Children from Sexual Offences (POCSO) Act against a 25-year-old boy, who was booked for allegedly slapping and abusing a minor girl in filthy language.
Single-judge Justice Shivkumar Dige noted that the incident took place in 2020, when the applicant - Prasad Bade was 19 year old and the victim was below 18. He was booked for following the girl while she was returning to her home and then abusing the victim in filthy language and slapping across her face over some "childish" fight between their friends circle.
The court noted that for following the girl, abusing her in vulgar and filthy language and slapping her, the accused can be prosecuted for sections 354-D (stalking), 509 (insulting woman's modesty) and 323 (causing simple hurt) of the Indian Penal Code.
Justice Dige noted that sexual harassment of a child is defined under section 11 of the POCSO Act and punishable under section 12 of the said act. He pointed out from section 12 that the main ingredient for an offence to amount sexual harassment is that there must be a "sexual intent."
"The provisions specifically states that a person is said to commit sexual harassment upon a child, when such person exhibits sexual intent towards the child. In the present case, it appears that Applicant was angry with the behaviour of victim in the school and he wanted to confront the victim about the said act and on that count, the incident took place. So from the incident, it does not appear that the Applicant had sexual intent as described in Section 12 of the POCSO Act. No case is made out against the Applicant under Section 12 of POCSO Act," Justice Dige held.
With these observations, the judge partly allowed Bade's revision application by quashing proceedings only under section 12 of the POCSO Act but retained his prosecution under sections 354-D, 509 and 323 of the IPC.
Appearance:
Advocates Abhijeet Desai, Mohini R, Karan Gajra, Sanchita Sontakke, Daksha Punghera, Vijay Singh, Shaik Gufrana Anjum and Deenesh Ramrakhiani instructed by Desai Legal LLP appeared for the Applicant.Additional Public Prosecutor AR Agarkar represented the State. Advocates Harshad Sathe and Saurabh Butala represented the Complainant.
Case Title: Prasad Kashiram Bade vs State of Maharashtra (Criminal Revision Application 189 of 2026)
Citation: 2026 LiveLaw (Bom) 364