After the matter languished in court for over seven years, the youth Dhiraj Tiwari was asked to stand in court till the court adjourns for the day.
A metropolitan magistrate court recently sentenced a 23-year-old to imprisonment till court rises, and to pay a fine of Rs 3,000 for staring at a woman in a lecherous manner and clicking her photograph without her knowledge.
After the matter languished in court for over seven years, the youth Dhiraj Tiwari was asked to stand in court till the court adjourns for the day. Such a sentence is one of the shortest duration of imprisonments for criminal offenses. The court has ordered Rs 2,000 out of the fine amount to be given to the woman. He would have to serve one month in jail if he does not pay the fine.
Tiwari was charged under Section 509 of the IPC (word, gesture or act intended to insult the modesty of a woman) which is punishable with up to one year jail or fine or both.
The incident took place in January 2012. The woman told court in her deposition that she was commuting by the local train from Sanpada to Airoli in the general compartment. The youth who was sitting opposite her, she found was looking at her in a manner that made her uncomfortable. However, she ignored him, but late she suddenly heard the sound of the camera clicking a photo. She checked his mobile and found her photo in it. Taking his mobile and him along, she went to the station master's office at Airoli railway station. A police complaint was then lodged.
In his judgment, Metropolitan Magistrate RK Rajebhosale stated, "Considering overall act of accused, defence taken by him that mistakenly photo has been snapped does not found probable."
About the complainant being the only witness in the case, "In such circumstances, only the person to whom another person looking with filthy view and bad intention can state her feeling for such act. It is not possible for anybody to understand the state of mind of that person to [sic] whom someone is looking...Sole testimony of informant is found trustworthy and reliable is sufficient to prove the prosecution case. Without any reason, snapping of photograph of a woman in a public place and looking towards her with filthy view, shows that intention of accused is to insult the modesty of the informant."
Case File
- After the matter languished in court for over 7 years, the youth Dhiraj Tiwari was asked to stand in court till the court adjourns for the day
- The court has ordered Rs 2,000 out of the fine amount to be given to the woman. He would have to serve one month in jail if he does not pay the fine
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