Bombay HC in the case of Dhanraj Babusingh Rathod vs State of Maharashtra, while granting anticipatory bail to an rickshaw driver accused of sexual harassment, observed that “From the accusation that are levelled, it can be seen that prima facie there is no case of any sexual harassment as it is not the case of the prosecution that the applicant held her hand with any sexual intent. Assuming for a moment that he has expressed his liking for her, since there is no sexual intent indicated from the statement of the victim girl.”

In the instant matter, an FIR was lodged by the girl’s father alleging that the accused attempted to harass his 17-year-old daughter sexually and even outraged her modesty by holding her hand. It was also noted that the victim had at times travelled in a rickshaw to reach her school and tuition. centre. She stopped travelling in the accused’s rickshaw, due to this the accused confronted her and expressed his liking. He held the victim’s hand and insisted her to sit in the rickshaw so he can drop her home. However, the victim ran away from the spot. 

Considering all the facts and circumstances Justice Dangre, further observed that, ” However, at the same time, he shall be warned that he shall not indulge in a similar incident and if he does so, the protection conferred on him shall stand withdrawn.”