Single incident of holding hand, expressing feeling not ‘stalking’: Court

A special court that acquitted a man of the charge of stalking a 16-year-old in 2016 has said in its judgement that a single incident of holding the hand of the girl and expressing feelings for her is not sufficient to attract the offence of stalking.

The court said that there is no evidence that the 33-year-old had repeatedly followed her or contacted her. “Single incident of talking with the victim by the accused, inviting her to accompany her for ice cream or meal and expressing his feeling about her, proposing to her for marriage is not sufficient to attract the offence under Sec 354(D) of the Indian Penal Code,” it said. For that, it said, it needs to be established that he repeatedly tried to contact her despite a clear indication of disinterest by her.

The man, a tempo-driver, was also charged with Sec 354 of the IPC (assault or criminal force on a woman intending to outrage her modesty). The girl had said in her deposition before the court that she was on the way to college and the man, who she is acquainted with since childhood as he lives in the neighbourhood, had come from behind her and holding her hand, told her that he could drop her to college. She said she would go on her own as her college is nearby. He had then asked if she would like to come with him for ice cream or a meal. She had refused. He told her that she is beautiful and asked if she would marry him.

Special judge Kalpana K. Patil said that mere allegation of holding a hand cannot be said to be the use of criminal force. It said the conversation narrated by the victim cannot be said to be with an intention to outrage her modesty.

The complaint against the man was lodged by the girl’s mother. The girl had stopped going to college for two days after the incident and when asked, had told her mother about the incident, after which her mother had approached the police.