Headline
The Bombay High Court quashes charges against a Navi Mumbai man on stalking .
Summary
The Bombay High Court released Rakesh Matasharan Shukla of stalking charges, stating that just grooving his neck to music while riding a 2 wheeler does not amount to stalking under Section 354D of the Indian Penal Code ( IPC).But the court upheld his conviction for rash and negligent driving.
Key Facts
- Case Name: Rakesh Matasharan Shukla v. State of Maharashtra
- Judge Name: Justice Milind Jadhav
- The Incident took place on May 27, 2017, near Nerul Railway Station
- Allegations: The complainant accused Rakesh Matasharan Shukla of following her, making bad gestures, which ultimately caused her to lose control of her scooter.
- Shukla was convicted by the lower court under Sections 279, 337, and 354D of the Indian Penal Code (IPC) and sentenced to imprisonment of 3 months.
Legal Insights
The Bombay High court shed light that shaking one’s head to music, without any intention to involve the complainant,are not the elements of stalking under Section 354D of Indian Penal Code( IPC). However,the court upheld the charges of rash and negligent driving under Sections 279 and 337 of Indian Penal Code (IPC).
Impact
The Bombay High Court reduced the sentence of Rakesh Matasharan Shukla to the period he had already served (36 days) and ordered his immediate release.
Why It Matters
This case stresses that not every act is considered as discomforting by someone who means stalking. It sets a precedent by distinguishing between inappropriate behavior and legal stalking under the Indian Penal Code.
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