Court Upholds Man's Conviction For Masturbating Next To Woman In Delhi Metro
Citing safety and security concerns for women traveling in the Delhi Metro, a Delhi Court yesterday upheld conviction of a man for sexually harassing a woman inside a train coach by masturbating next to her.
Additional Sessions Judge Hargurvarinder Singh Jaggi of Saket Courts dismissed the appeal filed by the man challenging his conviction for the offences under Sections 354 and 354A of the IPC in an incident that took place in 2021 inside a Yellow Line metro train between Saket and INA stations.
The Trial Court had convicted the man for outraging the modesty of a woman and committing sexual harassment after finding that he exposed himself, masturbated, and touched her while standing next to her in a crowded metro coach.
He was sentenced to one year rigorous imprisonment for each offence along with fine, with sentences to run concurrently.
According to the prosecution, the complainant woman had raised an alarm during the journey, after which fellow passengers forced the man to deboard the train and an FIR was registered at INA Metro Station.
The man had argued that the conviction was based solely on the testimony of the complainant and that no CCTV footage, independent witness, or corroborative material was produced despite the incident allegedly occurring in a crowded metro train.
He also pointed to inconsistencies regarding time and place of the incident and claimed false implication.
It was further argued that failure to collect CCTV footage and absence of public witnesses should have entitled him to benefit of doubt.
At the outset, the Court noted that the case sheds light on the safety and security concerns for women traveling in the Delhi Metro, which is a matter of increased relevance “as we all celebrated International Women's Day on March 08.”
Upholding the conviction, the Court said that the Trial Court, in its order on sentence, had rightly observed that offences against women, especially those committed in a public space like a crowded metro, cause not only physical but also deep psychological trauma, violating the victim's sense of privacy and security.
The judge observed that the fact that the incident took place on a moving metro, where the victim had to press an emergency button to seek help, underscores the robust security measures and a swift, effective response mechanism in place within the metro system.
“However, much more needs to be done. All the stakeholders of the criminal justice system in the present case have demonstrated a commitment to holding the perpetrator accountable, with the Trial Court finding the accused guilty beyond a reasonable doubt and sentencing him to rigorous imprisonment for one year each for the offenses under Section 354 and Section 354A(1)(i) IPC, to run concurrently, along with a fine,” the Court said.
The Court concluded that the impugned judgment passed by the Trial Court was based on direct evidence of the victim's testimony, corroborated by other witnesses who were part of the same transaction, which included pressing of the emergency button, arrival of officials, and arrest of the accused in the Controller's Room at Green Park Metro station.