Saying 'I love you' is expression of feelings, need not have sexual intent: Bombay HC

As per the complaint, the man had accosted the 17-year-old victim in Nagpur, held her hand and said 'I love you'. There should be something more to suggest that the real intention behind saying 'I love you' was to drag the angle of sex, the HC added.

Mumbai: Merely saying “I Love You” does not amount to “sexual intent”, the Bombay High Court has ruled while acquitting a man accused of molestation nearly a decade ago.

“Words expressed ‘I Love You’ would not by itself amount to “sexual intent” as contemplated by the legislature. There should be something more which must suggest that the real intention is to drag in the angle of sex, if the words uttered are to be taken as conveying sexual intent. It should reflect by the act,” said Urmila Joshi-Phalke, who presides over a court in the Nagpur bench of the Bombay High Court.

The court acquitted the man, now aged around 35, in the case registered under the Indian Penal Code and Protection of Children from Sexual Offences Act (POCSO), in 2015.

During the hearing, Sonali Khobragade was the counsel for the appellant, while M J Khan, Additional Public Prosecutor, represented the respondent/state.

In 2017, a Sessions Court in Nagpur had asked the appellant to undergo rigorous imprisonment for 3 years and to pay a fine of Rs 5,000.

The victim, then aged 17, was a resident of Katol in Nagpur district while the accused was then around 25.

According to the prosecution case, the accused followed her on a motorcycle, insisted her to disclose her name, caught her right hand, and said “I Love You”. Thereafter, she went home and narrated the incident to her father and subsequently lodged the report.

“The nature of the evidence of the victim shows that when she was proceeding along with her cousin, the accused followed her on motorcycle, insisted her to disclose her name, caught her right hand, and expressed words, “I Love You”. Thereafter, she went home and narrated the incident to her father and subsequently lodged the report,” the judge said in the 26-page judgement.

Judge Joshi-Phalke further noted: “Even, the offence under section 8 of the POCSO Act, is not made out as there is no allegation that either the accused with “sexual intent” touches private part of the victim described under Section 7 of the POCSO Act involving physical contact and, therefore, the offence under Section 8 is also not made out. The “sexual assault” without penetration has not been proved by the prosecution beyond reasonable doubt.”

“…neither offences under Section 354-A and 354-D of the IPC nor under Section 8 of the POCSO Act are made out against the accused,” the judge noted in the order acquitting the accused.