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A youth convicted for sexually harassing a 15-year-old girl by stalking her and passing lewd comments at her has been released on probation by a Delhi court which noted that he was a first time offender.

Additional Sessions Judge Vikas Dhull, while releasing on probation 25-year-old Sanjay Samal, said, “Having regard to the fact that this is the first offence of the convict, prayer of his counsel is accepted. Instead of sentencing the convict to punishment, he is given the benefit of probation…”

The court directed him to file a personal bond of Rs 10,000 for good behaviour and conduct, with one surety of the like amount for a period of six months.

It also directed him to pay a compensation of Rs 10,000 to the child victim for the harassment caused to her.

The court, which relied on the testimonies of the victim and her father while convicting Sanjay, said, “It is proved on record that accused was harassing the child victim by stalking her and passing obscene comments that he loves her and wants to marry her and by using abusive language which falls within the definition of sexual harassment under POCSO Act.”

“The prosecution case is duly proved in the light of evidence of the child victim, her father and subsequent conduct of accused in running away after the incident…” it said.

According to the prosecution, on April 9, 2013 a complaint was lodged alleging that Sanjay, neighbour of the victim, used to stalk her and misbehave with her by using obscene and abusive language in a drunken state.

The convict had sought leniency from the court on the ground that he was a first time offender and was the sole bread earner in his family.


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