Molestation convict to serve good behaviour' bond

Mumbai: The Chief Metropolitan Magistrate’s court suspended the sentencing of a youth, whom it had convicted for stalking and threatening a female Chartered Accountant student.

The convict will be on one-year probation on a good-behaviour bond, as per the suggestion of the girl’s father. The girl's father submitted that while he does not want the convict to ever contact his daughter again, he was also not interested in ruining the youth's future and career.

The accused had used a friend to give a message to the girl that she should marry him and not pursue the CA exam or else she will have to face dire consequences.

According to the prosecution, in 2013-14 victim was preparing for CA exams. Accused Bhavesh Waghela and victim were studying in the same coaching class at Andheri. Once Waghela called her and asked her to marry him. She refused his proposal but he kept calling her and threatened her by saying that he will not allow her to give exam nor he would allow her to marry any other person.

Victim’s father lodged complaint at D.B. Marg police station but police warned him and asked him to live in peace.

On May 15, 2015, when the victim went to appear for exam at Buddha Bhavan College at Fort, a girl name Diksha (22) rushed towards her and stated that “Bhavesh has sent me, don't attend exam and marry with Bhavesh within two hours and if you don't, he may kill you or destroy your whole life.” Victim after attending exam lodged a complaint at Azad Maidan police station.

Police registered FIR against Waghela and his friend Diksha. Under section 354 (D) Stalking, Section 341-wrongful restraint, Section 506- Criminal Intimidation, Section 34-common intention.

The case was run before judge B.U. Choudhary. Prosecution has examined four witnesses' i.e. Victim, her father, Security guard of college and investigation officer.

While convicting, the court noted, “there is no reason to disbelieve the evidence of victim's father and victim against Waghela” the court held Waghela guilty under section 354 D IPC and section 504-I of IPC.

The court failed to produce concrete evidence against Diksha.