Mumbai: 22-year-old convicted of sexual harassment gets one day punishment

While the court held that it has been proven through evidence that the accused had touched the victim inappropriately in a public place, Rupwate submitted that he was repenting for his act and prayed for leniency. (Representational Image)

A METROPOLITAN magistrate’s court has convicted a man for sexual harassment and sentenced him to simple imprisonment “till the rising of the court”.

The day-long punishment was given by the court on April 20 after it found a 22-year-old man guilty under Section 354 (sexual harassment) of the IPC. Under the section, the maximum punishment for an accused can extend up to two years with a fine.

Further, the court directed the accused, Santosh Rupwate, to pay a fine of Rs 1,000, failing which he would have to spend seven days in simple imprisonment.

The prosecution has said that on February 24, 2015, while the victim was buying vegetables around 7.45 pm at Trombay, she was touched inappropriately. As she raised an alarm, her aunt, who was accompanying her, caught hold of Rupwate with the help of another man present at the spot, who later deposed before the court as a witness.

As this witness lost his gold chain and silver bracelet while chasing Rupwate and his associates who accompanied him, the police had also booked Rupwate and two others for theft. The court acquitted the other two accused on charges of theft while convicting Rupwate.

In his defence, Rupwate had said that he was present at the spot, as his mother sells vegetables there. He had alleged that a false case was registered against him, as he and the witness had a previous enmity. He had also submitted that since it was dark, none of the eyewitnesses had seen the culprit and falsely implicated him.

While the court held that it has been proven through evidence that the accused had touched the victim inappropriately in a public place, Rupwate submitted that he was repenting for his act and prayed for leniency. He also cited the illness of one of his family members.

“Considering the overall situation, the period of litigation and the existing condition of the accused, I am of the opinion that following sentence will suffice the purpose,” the court said while sentencing Rupwate. It added that considering the nature of the offence, it was not “desirable” to give Rupwate the benefit of the Probation of Offenders Act, under which an accused can be released on a good behaviour bond.