The Bombay High Court recently observed that merely following a girl or a victim once does not account for stalking.

“It is to be noted that in order to attract the offence of stalking, the prosecution must prove that the accused repeatedly or constantly followed, watched or contacted a child either directly or through electronic, digital media. In view of this mandatory requirement of the offence of stalking, a solitary instance of following the victim would not be sufficient to make out this offence,” said a single-judge Justice Govind Sanap of the Nagpur Bench of the high court while delivering a judgement on December 5, the LiveLaw reported.

The bench was hearing an appeal filed by two boys accused of stalking and subsequently sexually assaulting a minor girl.

The case pertains to the two boys, one of them accused of following the minor girl to her house, gagging her and pressing her breasts. The second accused was standing outside the house.

The court observed that while the first accused was convicted, the second accused was “only standing outside the victim’s house” and thus could not be convicted for either sexual assault or stalking.