Court Convicts Man for Sexual Harassment and Obscene Conduct in Mumbai Road Rage Incident

Judgement Given On :

In a recent legal verdict rendered by the Girgaon Metropolitan Magistrate Court in Mumbai, the accused, Mr. Aniket Patil, aged 33, has been found culpable for employing derogatory language and engaging in an offensive gesture towards a 66-year-old woman. The court has determined the defendant’s guilt in the context of sexual harassment and has meted out a sentence of six months of simple imprisonment.

The incident under scrutiny transpired on September 17, 2018, when the elderly woman and her adult son were in transit to their workplace in Mumbai. The sequence of events commenced at the Cadberrey Junction in the vicinity of Mahalaxmi, where a red automobile maneuvered abruptly, causing their vehicle to veer toward a road divider before hastily departing. Subsequently, as the complainants proceeded along Hughes Road, they observed the same red car endeavoring to overtake their vehicle.

On the 3rd of December 2021, the Girgaon Metropolitan Magistrate Court adjudicated upon the case titled “Gaondevi Police Station vs. Aniket Vijay Patil.” The court, in its considered opinion, held that the utilization of abusive language and the display of a lewd gesture, such as showing the middle finger, on a public thoroughfare amounted to an act of sexual harassment and a violation of the woman’s fundamental right to dignity. Consequently, the defendant has been sentenced to a term of six months of simple imprisonment.

  1. On September 17, 2018, a septuagenarian woman, accompanied by her adult son, was traversing in an automobile. The episode transpired at the Cadberrey Junction, where the red vehicle in question orchestrated an abrupt swerve that compelled their vehicle toward a road divider. Prior to this incident, the same red car had previously attempted to overtake their vehicle.
  2. Upon reaching the Cyceil Junction, the red car came to a halt adjacent to the complainants’ vehicle. The defendant, Mr. Aniket Patil, proceeded to exhibit a lewd gesture by extending his middle finger and employed profane and derogatory language in addressing the woman. He made an attempt to disregard a red traffic signal but was obstructed by the woman’s son. Subsequently, a traffic constable intervened, and all parties were escorted to the Gaondevi Police Station, culminating in the filing of a First Information Report (FIR) under Sections 354(A), 354(D), and 509 of the Indian Penal Code (IPC).

Court’s Analysis:

  1. The court underscored the inherent right of every woman in society to lead a life imbued with dignity. It emphasized that any transgression concerning a woman’s modesty inherently infringes upon her fundamental right to dignified existence. The court further articulated that the exercise of leniency in cases of this nature could potentially exert deleterious effects upon the broader societal framework.
  2. The court scrupulously rebuffed various contentions advanced by the defendant’s counsel, including assertions that the complainant’s son, being a legal practitioner, had wielded undue influence over the proceedings. The court categorically dispelled allegations of a history of false complaints lodged by the complainant with a view to extorting pecuniary advantage.
  3. The court adamantly affirmed that relationships among parties and minor divergences within witness testimonies did not furnish adequate grounds for impugning the credibility thereof.

In its definitive pronouncement, the court unequivocally ruled that the actions of the defendant, which encompassed the utilization of sexually explicit language and the manifestation of an offensive gesture, amounted to offenses delineated under Section 354(A) and Section 509 of the IPC. However, the charge of stalking as defined by Section 354(D) was not substantiated.

In light of the foregoing, the court adjudicated the defendant as guilty and accordingly imposed a sentence of six months of simple imprisonment for the offense under Section 354(A) and three months of simple imprisonment for the offense under Section 509 of the IPC. Furthermore, the court levied a fine of Rs. 500 in conjunction with each offense.

This legal decree underscores the paramount significance attributed to the preservation of individual dignity within the legal framework and underscores the judicious treatment of cases involving sexual harassment and offensive conduct within the public domain.