Evidence for stalking under IPC Section 354D must show intent to follow and contact, elements not met; driving convictions upheld for causing injuries.

JUDGMENT:

1. Heard Mr. Patel, learned Advocate for the Revision Applicant and Ms. Phad, Learned APP for the State.

2. Considering the incarceration of the Revision Applicant in jail since 06.09.2024 and the request made by Mr. Patel citing exigency in view of the sentence being awarded of rigorous imprisonment for three months by the District Court, the Revision Application and Interim Application are heard finally.

3. Applicant is convicted under Section 248(2) of Cr.P.C. for offences punishable under Sections 279, 354D and 337 of the Indian Penal Code, 1860 (for short “IPC”). He is sentenced to undergo rigorous imprisonment of three months and to pay fine of Rs.500/- for offence punishable under Section 354D; rigorous imprisonment of three months and to pay fine of Rs.5,000/- for offence under Section 279 and rigorous imprisonment of three years and to pay fine of Rs.500/- for offence punishable under Section 337 of IPC. Upon conviction by Trial Court in R.C.C. No.203 of 2018 Applicant approached District Court by filing Appeal No.100 of 2023 and by judgment dated 06.09.2024 the judgment passed by the Trial Court is upheld by modifying the same to the extent of reducing the sentence imposed for offence punishable under Section 337 of IPC from three years to three months due to a typographical mistake and Applicant was directed to surrender forthwith. Pursuant thereto, Applicant is in custody from 06.09.2024 till date.

4. Mr. Patel, learned Advocate for Applicant at the outset would submit that the entire case of prosecution is based on evidence of two witnesses namely, Complainant – PW-1 and PW-2 – taxi driver who is an eye witness to the accident which occurred on the date of incident. He would submit that prosecution has relied upon evidence of PW-3 – doctor who treated the Complainant for her injury. PW-4 is the Investigating Officer. Date of incident is 27.05.2017. He would submit that it is prosecution’s case that at about 1:45 p.m. in the afternoon when Complainant – PW-1 was passing through the Nerul intersection on Palm Beach Road in the vicinity of Haware mall and petrol station nearby, Complainant – PW-1 heard continuous blowing of horn from her right side by Applicant and he attempted to overtake her. Both were riding their respective two-wheelers.

5. According to prosecution, Applicant was listening to loud music with his headphones on while riding. Prosecution’s case is that Applicant thereafter rode his motorcycle alongside her and looked at the Complainant and gestured to her by shaking his neck. Thereafter as Complainant - PW-1 was approaching Nerul railway station, near the taxi stand Applicant once again overtook her by moving his motorcycle very close to her, resultantly leading to Complainant – PW-1 losing her balance and control of her two-wheeler (scooty) and falling to the ground. Owing to this accident, Complainant sustained injury to her right elbow, right shoulder as also on her right thigh. According to prosecution, people present at the incident spot assisted Complainant – PW-1 who was frightened but they caught hold of Applicant and took him to the police station. It is prosecution’s case that Complainant – PW-1 informed persons gathered on the spot, that Applicant was following her while honking incessantly and looked at her with bad intention and made gestures and rode his motorcycle very close to her between Haware signal and Nerul railway station.

6. Mr. Patel would next submit that if statement of Complainant – PW-1 recorded on 30.05.2017 is seen and compared with her deposition before Trial Court, there is a substantial variation and improvement made by her therein. He would submit that the improvements made in her deposition are on issues of facts pertaining to the incident relating to stalking as also rash and negligent driving by Applicant. He has persuaded me to peruse both statements which are appended at page Nos.60 and 84 of the Application. He would submit that there is a very restr