Mumbai : 17 days on, 56-yr-old gets 3 years’ jail term for flashing woman in garden

The prosecution examined 5 witnesses on October 4 and 5 and on the second day of the trial, the Esplanade metropolitan magistrate court in Mumbai declared him guilty

Concluding the trial in just two days, the Esplanade metropolitan magistrate court recently convicted a 56-year-old city resident for flashing a woman in a south Mumbai garden and sentenced him to three years of imprisonment. The court order came 17 days after the incident took place.

Concluding the trial in just two days, the Esplanade metropolitan magistrate court recently convicted a 56-year-old city resident for flashing a woman in a south Mumbai garden and sentenced him to three years of imprisonment. The court order came 17 days after the incident took place. (PHOTO FOR REPRESENTATION)

Metropolitan magistrate Yashshree Marulkar also imposed fines worth ₹1,000 each on him under the charges of outraging the modesty of a woman and stalking, and ₹500 for sexual harassment.

“Sexual violence, apart from being a dehumanising act, is an unlawful intrusion on the right of privacy and sanctity of a female (sic),” said the court, while sentencing the convict. “It is a serious blow to her supreme honour and offends her self-esteem and dignity. It degrades and humiliates the victim. It leaves behind a traumatic experience. The accused not only causes physical injuries but more indelibly leaves a scar on the most cherished possession of a woman i.e. her dignity, honour, reputation and not the least her chastity (sic),” the court added.

The incident took place in the evening of September 18 when the woman was attending an online lecture on her laptop in a south Mumbai garden. The accused waited near her and when the woman went to another part of the garden, followed her and flashed her. The woman immediately ran towards the exit gate and took the help of two persons, who nabbed the accused.

Tandel was arrested and a charge-sheet was filed against him. On October 4, the charges were framed against him under the relevant sections of the Indian Penal Code (IPC). He pleaded not guilty and claimed to be tried. Accordingly, the prosecution examined five witnesses on October 4 and 5, including the complainant, and on the second day of the trial itself, the court declared him guilty and sentenced him to three years imprisonment.

The accused claimed that as it was dark in the garden, the complainant could not have seen him and therefore, it would not be appropriate to convict him only on the basis of her testimony. The court, however, observed that there was no reason for the complainant to lie, as she did not know the accused and had not even seen him before the incident. The court also relied on the two independent witnesses to corroborate her testimony.

“It is now a well-settled law that conviction in sexual offences can be safely recorded solely on the basis of the victim’s testimony, provided her evidence does not suffer from any basic infirmity (sic),” observed the court.

Tandel was earlier convicted for similar offences in Cuffe Parade.