Delhi HC upholds conviction in 2015 harassment case, cites public safety issues

The case, dating back to October 2015, involved a woman who accused a man of making inappropriate gestures and forcibly kissing her on a bus from Khaira Mor to Janakpuri

New Delhi: The Delhi High Court, in a verdict delivered on Friday, highlighted the persistent safety challenges faced by women in public spaces, including public transport, despite decades of independence and the existence of stringent laws intended to protect women.

The accused was convicted and sentenced by Metropolitan magistrate in November 2019 and the same was upheld by additional sessions judge in April 2024 (HT Photo)

The court convicted a man for outraging a woman’s modesty and expressed concern over the persistent harassment women continue to face. The case, dating back to October 2015, involved a woman who complained that the man made inappropriate gestures and forcibly kissed her on a bus travelling from Najafgarh’s Khaira Mor to the District Centre in Janakpuri.

A first information report (FIR) was filed by the woman in October, 2015 alleging the man initially made inappropriate gestures and winked at her when she boarded the bus and later forcibly kissed her, when she was getting off the bus.

“The facts of the present case reflect a deeply concerning reality—that even after decades of independence, women continue to face harassment in public spaces, including public transport, where they should feel safe and secure. Despite the existence of stringent laws aimed at protecting women‘s dignity and personal autonomy, incidents like these highlight the audacity of offenders who dare to commit such acts, believing they can evade consequences. ​The facts of the case and the acts of the accused reflect that girls are not safe even in public spaces today,” a bench of justice Swarana Kanta Sharma said in the verdict.

The man filed a plea seeking to set aside the city court’s April, 2024 order upholding his conviction under sections 354 (outraging a woman’s modesty) and 509 (insulting a woman’s modesty through words, gestures or actions) of the Indian Penal Code (IPC) and awarding him sentence of one year for u/s 354 and six months u/s 509.

He was convicted and sentenced by Metropolitan magistrate in November 2019 and the same was upheld by additional sessions judge in April 2024.

In his petition before the high court, he asserted that he could not have “dared to outrage the woman’s modesty in public, as they were complete strangers”. He claimed he was falsely implicated in the case because the woman’s father was a police officer.

He further argued that the trial court had failed to properly appreciate the evidence, leading to his wrongful conviction despite his innocence.

While the Delhi police, represented by additional public prosecutor (APP) Naresh Chahar, asserted that the allegations against the man were serious and grave in nature, and that the conviction was passed after duly considering the evidence on record, the APP further said that the witnesses present at the scene of the incident had testified against the man.

Consequently, the court upheld the city court’s order, saying that the man’s actions demonstrated the use of gestures, criminal force, and assault to outrage the woman’s modesty. The court further said that these actions were not only indecent but also of a nature that shocked her sense of dignity and modesty.

“Public transport, which is meant to ensure mobility and independence, in this case, instead became a site of fear and vulnerability for the victim, any undue leniency, to an accused caught at the spot, may embolden any future for perpetrators,” it added.

In her 13-page verdict, the court also held that sexual offences are opportunistic crimes, and the absence of prior acquaintance or explicit motives does not negate the possibility of such acts being committed. “Sexual offences are often opportunistic crimes, and the absence of prior acquaintance or explicit motive does not negate the possibility of such an act being committed,” the court maintained.