Barala, friend face 7-year jail term in stalking case

Chandigarh: A local court on Friday framed charges of stalking, attempt to kidnap and drunken driving against Vikas Barala, the son of Haryana BJP president Subhash Barwala, and his friend Ashish Kumar in the

Varnika Kundu

stalking case.

The trial would begin on the next date of hearing on October 27, when Varnika, a DJ and the daughter of an IAS officer, would record her statement.

Barala and Ashish could face a maximum of seven-year jail term if they are held guilty. The charges were framed under sections 354D (stalking), 365 (kidnapping or abducting with intent secretly and wrongfully to confine person, 341 (punishment for wrongful restraint), 511 (punishment for attempting to commit offences), 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and section 185 of the Motor Vehicle Act.

The defence counsel had argued that it was not Varnika but Barala and Ashish who were the victims. It was also argued that “Varnika had a mere notion and imagined that they both wanted to abduct her.” The two were arrested on August 10 for allegedly chasing the car of Varnika and trying to kidnap her on the intervening night of August 4-5.

The defence counsel had argued in the court that the case was built up under pressure and the two accused had been subjected to media trial. The case has sparked widespread outrage after Varnika narrated her ordeal on a Facebook page and the police had not booked them under the tougher charge of kidnapping, which was added later.

The defence counsel had argued that at most the two should be charged under section 354 D (stalking), 341 (punishment for wrongful restraint) and other charges should be dropped as “mere following and banging on the car” does not amount to kidnapping. It was also argued that the DSP “worked under pressure and kept giving misleading statements to media”.

The prosecution, however, asked if continuously following and even blocking the way of Varnika a number of times on a 5.8-km of stretch of road at midnight does not amount to their intent to abduct her. The accused had allegedly alighted from their car and “banged at the rear window of her car.

Case

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Timeline

August 5 | Vikas Barala, the son of Haryana BJP president Subhash Barala and a student of law in Kurukshetra University, and his friend Ashish, a law graduate, allegedly followed bureaucrat’s daughter Varnika Kundu and tried to stop her car.

August 10 | The two accused arrested and sent in police custody for two days .

August 12 | Cout sent the two in judicial custody

August 29 | Court declined bail to the two accused.

September 21 | Charge-sheet filed against both of them in court.

1 Section 354 D (stalking) | Punishment Upto 3 years and fine for first conviction, up to 5 years and fine for second or subsequent conviction

2 Sector 365 (to be read with 511) of IPC (Kidnapping or abducting with intent secretly and wrongfully to confine person) | Punishment| A maximum of seven-year jail term and fine

3 Section 341 of IPC (Punishment for wrongful restraint) | one month, or fine which may go up to Rs 500

4 Section 185 of the Motor Vehicle Act (driving by a drunk person) | Six-month jail term or with fine which may extend to Rs 2,000, or with both