Man convicted for sending ‘flying kisses’, molestation

Man convicted for sending ‘flying kisses’, molestation

Rebecca.Samervel@timesgroup.com

Mumbai:06.11.2021

Making observations such as “the name and fame of the family of the victim is lowered down due to the incident”, a magistrate court convicted and sentenced a 28-year-old man for sexually harassing and molesting his neighbour by sending her a flying kiss and verbally and physically abusing her when she objected to his behaviour.

The court noted that despite all odds, the woman mustered courage and entered into the witness box and underwent the test of cross-examination where she was accused of having an affair with him. The court, however, said it was one-sided love and that was the motive of the accused. “No lenient view could be shown to the accused as the same might convert into grave or very grave offence. Moreover, the name and fame of the family of the informant (survivor) is lower(ed) down due to the incident,” the Kurla magistrate’s court said.

The court did not allow the accused Istikar Shaikh’s (28) plea to be released on a bond of good behaviour under the Probation of Offenders Act instead of serving a sentence.

“In the instant matter, the accused has committed very serious offence, as the same is against a woman. The provision of Section 354 of the IPC is enacted to safeguard public morality and decent behavior. Therefore, if any person uses criminal force upon a woman with the intent or knowledge that woman’s modesty will be outraged (Section 354), benefit of probation cannot be extended to him,” the court said.

On June 14, 2019, at 9 am, the survivor’s parents had gone out to work. According to the prosecution, the accused came at the door of her house and started sending flying kisses and making abusive gestures. The survivor told the accused to go away. Enraged, the accused abused her in filthy language. He then caught hold of her hand and dragged her outside. The survivor and her sister screamed for help. The neighbours gathered. Then accused then pulled her stole and touched her inappropriately. Cops were called and the accused was arrested.

The court denied the defence claims that the survivor and accused were having an affair and due to a fight she falsely implicated him.

“Defence brings no iota of evidence in the line of its defence except by mere suggestions which are denied by the informant and witnesses. One cannot reach to a conclusion that the present complaint is lodged by informant under pressure and aftermath of the quarrel. Thus, the defence of accused is not only improbable to be believed but also flimsy in nature,” the court said.

The court said the ‘evidence establishes that... the accused insulted the modesty of informant by hurling words thereby intruding upon her privacy and intentionally insulted her’