2-day trial in Mumbai court leads to conviction in sexual harassment case

A Mumbai court recently convicted a person for offences of sexual harassment in a trial which lasted for only two days, one of the shortest such trials in the recent times..The Metropolitan Magistrate at Esplanade, Mumbai gave a conviction in a case within 15 days of the accused’s arrest and 7 days of the case being registered.The accused was sentenced to imprisonment for three years. .The crime took place on September 18, 2021 in a park when the accused unzipped his trousers and started walking towards the informant. After asking for help from two people in the park, they restrained the accused, while the informant sought help from the police. In a short while, the police took the accused in custody, and the informant registered a complaint against him..The investigation officer visited the spot of the incident and recorded the statement of two witnesses. After completion of the investigation, a chargesheet came to be filed against the accused..The charges came to be framed on October 4, 2021 against the accused under Sections 354 (assault), 354A (sexual harassment) and 354D (stalking) under the Indian Penal Code.After the accused pleaded not guilty, the trial commenced..The prosecution examined all five witnesses on the first day and relied upon documentary evidence..Metropolitan Magistrate Yashshree Marulkar opined that conviction in sexual offences can be safely recorded provided evidence of the victim of the offence does not suffer from any basic infirmity..“With development of the law regarding sexual offences, it is now crystal clear that a woman who is victim of sexual assault is not an accomplice to the crime. Her evidence is similar to the evidence of an injured informant or witness,” judge Marulkar said..The Court concluded that corroboration of a victim’s testimony was only by way of abundant caution so as to satisfy conscience of the Court..The Court further noted that sexual violence apart from being a dehumanizing 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 degrades and humiliates the victim. It leaves behind a traumatic experience,” the judge said..“Such scars indelibly leave a scar on the most cherished possession of a woman i.e her dignity, honour, reputation and not the least her chastity. …Moreover, sexual offences are the most heinous crime against women under Indian Criminal Law, which not only defiles the physical health of the victim, but also ruin her inner soul. No ointment would be able to provide a relief to victim, as there is no medicine for mental distress,” he added..Having held so, the Court sentenced the accused to imprisonment of 3 years..[Read Order]