Impossible to follow somebody in Mumbai rush hours: Man cleared of the charge of stalking

Mumbai: The Esplanade metropolitan magistrate court last week acquitted a 40-year-old man on the charge of stalking a woman observing that it was “highly impossible” to follow somebody on Mumbai roads during rush hour

Mumbai: The Esplanade metropolitan magistrate court last week acquitted a 40-year-old man on the charge of stalking a woman observing that it was “highly impossible” to follow somebody on Mumbai roads during rush hour.

The woman alleged that the accused used to stare at her and made her feel uncomfortable. She further stated that he would take out his bike when she crossed his garage and follow her on the other side of the road. (HT PHOTO)

The man who owns a garage in Chira Bazar, Kalbadevi was accused of following a woman on his bike as she walked to the Marine Lines station every morning. The woman, also a resident of Chira Bazar, works in Lower Parel and crossed the man’s garage on her way to the station.

Metropolitan magistrate Yashashree Marulkar, however, found that the rush on busy roads of Mumbai, especially in the morning hours when people are scrambling to reach railway stations and office “was beyond explanation” and made it impossible for anyone to follow someone.

“Basically, it is highly impossible to follow somebody who is walking on the footpath in busy morning hours, that too on a bike from the other side of the road,” the court held.

The woman alleged that the accused used to stare at her and made her feel uncomfortable. She further stated that he would take out his bike when she crossed his garage and follow her on the other side of the road.

On August 3, 2017, when she reached the station, the accused waved his hand and tried to speak to her. She then spoke to two of her male friends and lodged a police complaint against the man, based on their suggestion.

Based on her complaint, the LT Marg police registered an offence and booked the 40-year-old under section 354D of the Indian Penal Code for stalking. The garage owner denied the charge and claimed that it was a case of misunderstanding.

Agreeing with the man’s claim, the court said: “The defence of misunderstanding of the informant that, the accused was following her, is believable.”

The metropolitan magistrate also questioned the delay in lodging of the complaint. “Further, if at all the accused was following the informant for long duration of three months regularly then the question arose why did she not approach police immediately?”