IMPORTANT POINT
The court established that repeated contact with a woman despite her disinterest constitutes stalking under IPC Section 354-D.

ORDER :

A. Badharudeen, J.

This revision petition has been filed under Sections 438 ad 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging judgment in Crl.Appeal No.41/2024 on the files of Sessions Court, Palakkad, arising out of the judgment in C.C.No.868/2018 on the files of the Judicial Magistrate of First Class-II, Palakkad.

2. Revision petitioner herein is the sole accused in the above case.

3. Heard the learned counsel for the revision petitioner/accused and the learned Public Prosecutor on admission.

4. The prosecution case in a nut shell is that the accused/revision petitioner, who is a resident of Mankara, Palakkad, continuously followed the defacto complainant, a lady working in a school as a teacher by profession and contacted her even though she had given clear indication that she had no interest towards the accused. This is the base on which prosecution alleges commission of offence punishable under Section 354-D of the Indian Penal Code (`IPC’ for short).

5. On getting the final report filed by the Investigating Officer, the learned Magistrate proceeded with trial after completing pre-trial formalities. During trial, PW1 to PW5 were examined and Exts.P1 to P5 were marked on the side of prosecution. Though opportunity was provided to the accused to adduce evidence after questioning him under Section 313(1)(b) of Cr.P.C, no defence evidence was adduced. After elaborately discussing the evidence tendered by the prosecution, the learned Magistrate found that the allegation against the accused that he had committed offence punishable under Section 354-D of the IPC was proved beyond reasonable doubts and thereby he was convicted for the said offence and sentenced to undergo simple imprisonment for a period of four months and to pay fine of Rs.2,000/- (Rupees Two thousand only) and in default of payment of fine, simple imprisonment for a period of one month also was imposed.

6. Challenging the verdict of the trial court, the revision petitioner filed an appeal before the Sessions Court, Palakkad and as per the judgment in Crl.Appeal No.41/2024 dated 11.06.2024 the learned Sessions Judge upheld the conviction as well as the sentence.

7. Now the revision petitioner/accused impugns the concurrent verdicts of conviction as well as sentence.

8. At the time of hearing the learned revision petitioner submitted that commission of offence punishable under Section 354-D of IPC is not proved beyond reasonable doubts with the necessary ingredients to attract the said offence and there were inconsistencies in the evidence of PW1. Delay in lodging the FIR is another ground canvassed to unsustain the concurrent verdicts. Identity of the accused is another challenge raised in this revision petition.

9. Opposing the contentions raised by the learned counsel for the revision petitioner, the learned Public Prosecutor would submit that the trial court relied on the evidence of PW1, the victim herself, supporting the allegations after identifying the accused with certainty and, in fact, there is no inordinate delay also in registering the crime. Therefore, concurrent verdicts do not require any interference and the same are liable to be confirmed.

10. On scrutinising of the verdicts impugned, it is discernible that the defacto complainant, who had given evidence as PW1, supported the prosecution stating that while she was working as a teacher at Padashala English Medium School, the accused used to disturb her while she was going to the school. Further he followed and exhibited gestures with an intention to insult her dignity, despite her disinclination. Once he sent chocolates to her through her students and even though she asked him to stop stalking, despite her objection he continued the same. Thereafter, she informed the same to her family and her brother warned the accused. But the accused not changed his attitude and accordingly she made an oral complaint at the Police Station. He was warned by the police and thereafter he discontinu