Grooving head to music not stalking or attempting to interact with woman: HC

Mumbai: The Bombay high court (HC) on Friday acquitted a Navi Mumbai man of stalking charges, ruling that simply grooving his head while listening to music does not constitute an attempt to interact with the complainant, therefore it does not meet the legal definition of stalking.

The accused Rakesh Matasharan Shukla was booked on September 6, 2024, for stalking after he was seen shaking his neck i.e. grooving his neck to the music while riding his two-wheeler. The complainant had alleged that he was pursuing her and his gestures at her led to her losing control of her two-wheeler.

Shukla was subsequently booked under sections 279 (rash driving or riding on a public way), 354D (stalking) and, 337 (causing hurt by act endangering life or personal safety of others) of the Indian Penal Code, and had filed for a revision of his conviction.

While absolving Shukla of the above charges, Justice Milind Jadhav held that such behaviour can be characterised as a rash act when performed while riding a two-wheeler.

The complainant’s case in the trial court was that the man was listening to music on his headphones while riding his bike alongside her scooter. She alleged that the man was honking incessantly and looked at her and gestured to her by shaking his neck. Later, near Nerul station, the man rode his bike so close to the woman that she fell to the ground because of it, the prosecution said, stating that the woman was extensively injured on the right part of her body. She later registered a complaint with the police against Shukla.

Shukla claimed before the high court that there was a 3-day delay between the incident and the filing of the complaint by the woman. And there was a marked difference between the statement given to the police and the statements made before the trial court by the woman.

The lawyer appearing for Shukla further submitted that the offence of stalking would entail following the victim, attempting to contact her and fostering personal interactions despite the disinterest shown by her. He further submitted that none of these ingredients of the offence was proven by the prosecution in the lower court, stating that the association between the man and the victim merely lasted for 20 to 15 minutes on the afternoon of the accident.

The lawyer appearing for the woman, however, argued that it was important for the court to consider the conduct of the man in public, stating that the man interjected the lane of his client on at least three occasions before the accident.

The only gesture attributable to the applicant (Shukla) by prosecution is of shaking of his neck i.e. grooving his neck while riding and simultaneously listening to the music, rather loud music which also could be the case,” the judge said, while exonerating him of the offence of stalking “Such an action on the part of applicant in my opinion, does not fall into any one of the attributes or ingredients of the offence of stalking as enumerated under section 354D of IPC.”

“The sentence undergone by applicant till today (36 days) is according to me adequate and deterrent enough punishment to him for his act of rash and negligent driving”, the court also observed.