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"Woman knows man's intention:" Man sentenced to year in jail for forcibly kissing woman aboard Mumbai local

"Woman knows man's intention:" Man sentenced to year in jail for forcibly kissing woman aboard Mumbai local

Metropolitan Magistrate VP Kedar rejected the man's plea that the act was not deliberate but a commuter behind him had pushed him and he consequently fell on the woman resulting in his lips touching her cheek.

Mumbai Local Train

Satyendra Wankhade

Published on :

04 Apr, 2022, 10:49 am

A Mumbai court recently sentenced a 37-year-old man to one year rigorous imprisonment along with a fine of ₹10,000 after it found him guilty of forcibly kissing a woman on her cheek aboard a local train seven years ago.

Metropolitan Magistrate VP Kedar rejected the man's plea that the act was not deliberate, but a commuter behind him had pushed him and he consequently, he fell on the woman resulting in his lips touching her cheek.

The Court said that a woman has the ability to gauge a man's intention from his look and touch.

"It is said that the women are far more perceptive than men, and this has given rise to what is commonly referred to as women's intuition. Women have innate ability to pick up and decipher non verbal signals as well as having an accurate eye for small details.........Woman knows a man's intention when he touches her or looks her," the Court stated.

There is no reason to doubt the version of the victim and prosecution witness 2 both of whom have deposed in one voice.

"Their testimonies had gone unchallenged and remained unshaken. Mere suggestion that the incident occurred inadvertently does not come rescue of the accused in absence of any further explanation or some material which could be acceptable," the Court held.

The Court, therefore, convicted and sentenced Kiran Subraya Honavar, observing that his act amounted to an attack on the victim's dignity and deserved conviction under Section 354 (outraging modesty of woman) of the Indian Penal Code (IPC).

Woman knows a man's intention when he touches her or looks her.

Mumbai court

During the trial, the victim had testified in court that on August 28, 2015, she went to Govandi to meet a friend. Around 1.20 pm, the two boarded a a local train from Govandi to Chhatrapati Shivaji Maharaj Terminus (CSMT). At Masjid station, a man boarded the train and sat across from them. She was aware that he was gazing at her, but she chose to ignore him.

They stood up to alight when the train approached CSMT, as did the man seated across from them. He then kissed her on her right cheek unexpectedly. She raised an alarm, and the man was beaten up by several commuters before being transported to the CSMT railway police station.

Two additional witnesses testified that they saw the accused getting beaten up by fellow riders on the train after the lady raised an alert.

The Court was convinced that the prosecution had made a strong case.

"The prosecution by direct, cogent and positive evidence established that accused had kissed the informant on her right side cheek. Thus, the circumstances coupled with clearly established the fact that the accused had intentionally and with knowledge kissed the right cheek of the informant thereby outraging her modesty," it stated.

The Court stated in the verdict that a woman is capable of understanding the intention of a man's touch or look.

"Her perception revealed from her testimony clearly point out that the accused had committed alleged act intentionally. Woman knows a man's intention when he touches her or looks her. A women may know less but she understand more. It is a natural gift. A touch or a look...... a man will not understand but a woman knows the intention behind these," the judge stated before adding that only the survivor can discern the real intention of the perpetrator.

The court also noted that the man possessed a distorted mentality.

"The provisions of section 354 of IPC meant for public morality and to safeguard the decency of the women. His act created fear, annoyance in the mind of the informant. The act of accused caused impact on her mind breaking her confidence. The act of accused is nothing but an attack on her personal right, individual liberty and dignity of her person," it observed.

While the maximum sentence of offence under Section 354 is five years, the Court sentenced the man to a year of rigorous imprisonment along with a fine of ₹10,000 after taking into account the fact that there were no previous criminal cases against him and he was an earning member of his family.

Half of the fine amount has to be paid to the complainant.

COURT NEWS

Even If Appointment Was Irregular, State Has To Pay Salary For Work Done By Employee : Supreme Court

LIVELAW NEWS NETWORK

3 April 2022 7:35 PM

The Supreme Court has set aside a direction to recover from a person the salary paid to him after his appointment as a teacher was found to be irregular.

The Supreme Court noted that the person had worked for nearly 24 years a teacher before his services were cancelled for the reason that his appointment was irregular. It was found that he was a relative of a member of the selection committee and hence his appointment was contrary to the rules. While cancelling his appointment, the State also directed the recovery of salary paid to him.

Though the person approached the High Court challenging the cancellation order, it did not interfere. Aggrieved, he approached the Supreme Court.

A bench comprising Justice Hemant Gupta and Justice V Ramasubramaniam observed that the High Court ought to have appreciated the fact that he had worked for nearly 24 years.

"We find that the High Court has failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee without payment of any salary", the Court observed.

The Top Court added that the High Court ought to have appreciated the facts in "proper perspective" and set aside the HC direction.

Accordingly, the Supreme Court set aside the order dated 24.12.1998 and directed the authorities to treat appellant as retired on the date of the order i.e. 24.12.1998 and to pay pensionary benefits, if any, due to him for the services rendered.

Case Title : Man Singh versus State of Uttar Pradesh

Citation : 2022 LiveLaw (SC) 341

Headnotes- Service Law - Even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee without payment of any salary

Even If Appointment Was Irregular, State Has To Pay Salary For Work Done By Employee : Supreme Court

Even If Appointment Was Irregular, State Has To Pay Salary For Work Done By Employee : Supreme Court: The Supreme Court has set aside a direction to recover from a person the salary paid to him after his appointment as a teacher was found to be irregular.The Supreme Court noted that the person had...

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