The Chhattisgarh High Court has upheld the acquittal of a youth accused under the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST (Prevention of Atrocities) Act, ruling that merely saying “I love you” does not amount to sexual harassment in the absence of clear sexual intent.

Justice Sanjay S Agarwal, sitting as a single-judge Bench, dismissed the State government's appeal against the trial court’s verdict, noting that the prosecution failed to establish the accused’s sexual intent or confirm the victim’s age.

The case arose from the Kurud police station area in Dhamtari district, where a 15-year-old girl alleged that the accused had expressed his love and had previously harassed her on multiple occasions. Based on her complaint, charges were framed under Sections 354D (stalking) and 509 (outraging the modesty of a woman) of the IPC, Section 8 of the POCSO Act, and Section 3(2)(va) of the SC/ST Act.

However, the High Court found that neither the girl’s testimony nor that of her friends substantiated any sexual intent behind the accused’s conduct. It also held that there was no proof the accused was aware of the girl’s caste, thus making the application of the SC/ST Act untenable.

“An isolated incident of saying ‘I love you’ does not meet the threshold for sexual harassment under the POCSO Act unless accompanied by sexually suggestive behaviour or repeated overtures,” the Court observed.

Citing the Supreme Court’s ruling in Attorney General for India v. Satish (2021), the High Court reiterated that intent is crucial in determining whether an act qualifies as sexual harassment under Section 7 of the POCSO Act.

The Court also criticized the investigation for failing to properly verify the victim’s age and described the probe as “careless and inadequate.” In light of the gaps in the prosecution’s case, the Court upheld the trial court’s acquittal and dismissed the State’s appeal