The Bombay High Court on Friday acquitted a Navi Mumbai man, Rakesh Matasharan Shukla, of stalking charges, ruling that merely nodding his head to loud music while riding a two-wheeler does not amount to an attempt to interact with the complainant, and thus does not meet the legal definition of stalking (Rakesh Matasharan Shukla v State of Maharashtra).
Shukla had been charged with stalking after the complainant alleged that he was following her and making gestures while riding his motorcycle, which caused her to lose control of her vehicle. She claimed that his actions, such as shaking his neck to the music, led to the accident, causing injuries to her elbow, shoulder, and thigh.
Justice Milind Jadhav dismissed the stalking charge but acknowledged that Shukla’s actions could be considered reckless when done while riding a motorcycle.
“The only gesture attributed to the accused is shaking his neck while listening to loud music. Whether this can be considered an attempt to interact with the complainant is not proven. This behavior does not meet the criteria for stalking under Section 354D of the IPC,” the court said.
The incident took place on May 27, 2017, near Nerul railway station. The complainant alleged that Shukla closely followed her, honking and making gestures, which caused her to feel threatened. A taxi driver who witnessed the event corroborated her story, testifying that Shukla was riding dangerously close to the complainant.
Initially, Shukla was convicted by a trial court under Sections 279 (rash and negligent driving), 354D (stalking), and 337 (causing hurt by an act endangering life) of the IPC. He was sentenced to three months for stalking, three months for rash driving, and three years for causing hurt, which was later reduced to three months by the District Court.
Shukla appealed to the High Court, where his counsel pointed out inconsistencies in the complainant’s testimony and the delay in filing the FIR. They argued that the prosecution failed to prove the elements of stalking, as Shukla and the complainant were strangers. The prosecution, however, maintained that Shukla’s reckless behavior had been sufficiently demonstrated through testimony and medical evidence.
The High Court upheld Shukla’s conviction for rash and negligent driving, stating that riding a two-wheeler while listening to loud music and wearing headphones qualifies as a reckless act. However, the stalking charge was quashed.
Shukla, who had already served 36 days of his sentence, was ordered to be released immediately. The court also took into consideration that he is a married man with three children and the sole provider for his family.
Advocates Tanveer Aziz Patel and Aditya Shah represented Shukla, while Additional Public Prosecutor Sangita Phad appeared for the State of Maharashtra.
