Bombay court convicts man for sexual harassment in one of the shortest trials!

Metropolitan Magistrate, Yashshree Marulkar convicted a person for offences of sexual harassment, and sentenced him to suffer rigorous imprisonment for a period of 3 years and to pay a fine of Rs 1,000.

The incident took place on September 18, 2021 in a park when the 56-year-old convict unzipped his trousers, exposed his genitals, and started walking towards the survivor. She ran towards the exit gate of the park but the perpetrator kept following her. Eventually, after asking for help from two people in the park, they restrained him, while she sought help from the police.

A police vehicle then arrived at the spot and took the perpetrator into custody and brought him to the police station along with the survivor. Thereafter, an FIR was registered against him and he has remained in custody since then.

After examining all witnesses on October 4, the Magistrate framed charges under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354 (A) (iv) (a man making sexually coloured remarks, shall be guilty of the offence of sexual harassment) 354 (D) (stalking) of the Indian Penal Code against him.  

The Magistrate said, “In view of discussions in foregoing paras as well as the ingredients constituting the offences with which the accused is charged, in my opinion, the prosecution has established the fact that, the accused by moving around the victim and compelling her to sit on the other bench in the garden, and even after that flashing her by unzipping his trouser and chasing her shows that, he has used criminal force to her intending to outrage her modesty.”

The order further recorded, “Sexual violence apart from being a dehumanising act is an unlawful intrusion on the right to privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self-esteem and dignity. It degrades and humiliates the victim. It leaves behind a traumatic experience. The accused not only causes physical injuries but more indelibly leaves a scar on the most cherished possession of a woman, i.e., her dignity, honour, reputation…sexual offences are not only a crime against the person or a woman, it is a crime against the entire society.” 

During the trial, the Magistrate also lauded the efforts of the Police officials for the registration of an FIR right after the incident, showing extreme sensitivity towards such serious crimes. Although the police are legally and duty bound to register FIRs on a serious complaint, it is rarely done because of the mindset and disbelief towards the survivor’s testimony.

The order may be read here: 

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