I have heard all learned counsel. Perused the impugned order.The allegations against the Applicant are that he followed the victim and abused her in filthy language in hindi and slapped her. Admittedly, Section 354-D, 509, 323 of IPC is attracted by the act of the Applicant. The question remains whether Section 12 of POCSO Act is applicable or not. Section 11 of POCSO Act defines sexual harassment of a child and Section 12 describes the punishment for it. Section 11 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. I have gone through the case laws cited by learned counsel for the Respondent. The facts of the cited case and present case are different hence, not applicable. No case is made out against the Applicant under Section 12 of POCSO Act {Para 5}
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. NO. 189 OF 2026
Prasad Kashinath Bade V The State of Maharashtra
CORAM : SHIVKUMAR DIGE, J.
DATE : 27th JULY, 2026.
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