A Class- XII student convicted of stalking was released by a Delhi Trial Court which reversed a 6-month jail term and released him on probation for a year keeping in mind his poor financial status.
Raja was set free Additional Sessions Judge on a security bond of Rs. 20,000 and the court directed him to maintain good behavior. The court in its order said “A report from the probationary officer was asked regarding the conduct and social background of the culprit. The report of the probationary officer stated that the culprit has a clean social background and has never been involved in any other case.”
The court further added “without indicating any opinion on the merits of the case and keeping in picture the culprit’s poor financial status, the court said it was “beneficial” to release him on probation for a year. “In the meantime, the culprit shall keep peace and practice good behavior.”
This decision came up in a appeal against the 6-month jail term awarded to him by a trial court, where the appellant contended that he was poor and was never involved in any other criminal case.
An FIR was registered against Raja and he was charged of stalking under Section- 354D of IPC when the complainant on December 27, 2013 had said that Raja followed her for 2 months and forced her to marry despite of her refusal. She alleged that whenever she went for her tuition, he would follow her, express his love for her and try to force her to marry him.
What was interesting in this decision that generally courts are very strict in punishing convicts of offences against women and do not accept such grounds for releasing such wrongdoers. But in the present case the Additional Sessions Judge took notice of the economical status of the culprit along with his previous and character and then decided the matter. It was a good move as facts and circumstances of every case are different and must be given due consideration by the courts while deciding matters of such nature rather then deciding the matter on the basis of prima facie story presented by the prosecution.