At midnight on Friday, Varnika Kundu, a Chandigarh-based DJ, was brazenly stalked by two men, later identified as Vikas Barala and Ashish Kumar. Barala, who is the son of Haryana BJP chief Subhash Barala, was arrested along with Kumar, soon after the incident was brought to light. The duo was, however, released the same night of the arrest.
Kundu recounted her chilling ordeal on Facebook.
Also Read: Chandigarh Stalking: Police Find CCTV Proof Against Vikas Barala
As the case was registered under stalking, the two accused were given bail immediately. However, the victim had alleged in her Facebook post that the attempt was to kidnap her and not “have a conversation with her”.
Also This: ‘Varnika Is Like My Daughter’: Subhash Barala on Stalking Survivor
The political clout of Barala seems to be diluting the charges against him. There appear to be inconsistencies in the charges against Barala, so we’ve decoded the incident and listed the charges that should be slapped against him.
Section 354D - Stalking
Any man who follows a woman and contacts or attempts to foster personal interaction despite a clear indication of being disinterested by the woman. This is a bailable offence.
Wrongful Restraint
A person wrongfully obstructing a person from proceeding in any direction. This too is a bailable offence.
Section 365 and 366: Kidnapping
Read with attempt to commit offence punishable with imprisonment (section 511 IPC), this is a non-bailable offence and can lead to seven years in prison.
The initial FIR booked the accused under all three and Section 185 of the Motor Vehicle Act, for drunken driving.
However, the Police dropped Section 365 so that the accused would be given immediate bail. Under attack for dropping the charges, police said that they were seeking legal opinion on IPC Sections 365 and 511.
What is the legal recourse available to Varnika and how disillusioned should women in the country be? This Facebook LIVE will give you a legal breakdown of the complete situation:
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