Grooving to Music Doesn't Constitute Stalking Under IPC : Bombay HC

Grooving to Music Doesn't Constitute Stalking Under IPC : Bombay HC

The Bombay High Court has ruled that grooving one's neck while listening to music does not amount to the offence of stalking under the Indian Penal Code.

Justice Milind Jadhav, sitting as a single judge bench, delivered the judgment while hearing an appeal by a man convicted of stalking, rash driving, and endangering life.

The case dates back to 2017, when the man, riding a motorcycle, was accused of grooving his neck to music while riding next to a woman on her two-wheeler outside Nerul Railway Station. The woman alleged that she felt threatened by his actions, resulting in her losing balance and injuring her elbow and shoulders.

Initially, the trial court convicted the man of all charges, sentencing him to three months in jail for stalking and rash driving, and three years for endangering life. However, the district court later reduced the three-year sentence to three months, prompting the man to challenge the decision in the High Court.

The man argued that there was an unjustified delay in filing the FIR, while the prosecution relied on the testimony of the victim and witnesses, including taxi drivers, to demonstrate his reckless behavior.

After hearing both sides, Justice Jadhav dismissed the stalking charge, stating that the man's actions did not meet the legal requirements for the offence of stalking under Section 354D of the IPC. The court upheld the charges of rash and negligent driving but observed that the 36 days the man had already spent in custody were sufficient punishment. Given that he was the sole breadwinner for his family, the court ordered his release.

The case was titled *Rakesh Matasharan Shukla vs State of Maharashtra*.

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