MUMBAI: A Bandra-based yoga teacher was arrested and subsequently convicted and sentenced to a year in prison last year after she tried to take a photo of a man who had inappropriately touched her buttocks.
While convicting Dhanbai Muzumdar (21), Justice Komarsingh Rajput said: “The defence of the accused is total denial and false implicature. However, apart from mere denial and specific suggestions, there is nothing in the cross-examination (of the victim) to infer that the informant has falsely implicated the accused. Admittedly, the informant and the accused did not know each other before the incident. There is no reason to drag the accused in a false case. The evidence is compelling and credible. We cannot disbelieve the informant merely because no other witnesses or evidence have been collected.”
The victim, one of the two witnesses testifying in court, said that on May 23, 2023, at approximately 7:25 a.m., she was walking from her home to the studio when a stranger came up behind her, touched her buttocks and crossed her body, causing her to scream. Hearing her scream, the man turned around. At that moment, she took a photo of the man with her mobile phone. She became scared and ran back to the studio. She then called her parents and explained the details of the incident. Her parents went to the police station and filed a complaint. When filing the complaint, she showed the police the photos taken with her mobile phone. The victim identified the defendant in court as the same person who had touched her and degraded her.
The police officer, who testified, said that based on the photographs taken by the informant on his mobile phone, the present accused was tracked down and arrested the same day.
The judge said the evidence proved that the defendant touched the victim with the intent to degrade her.
The prosecution sought strict punishment. “The crime is grave and against women,” it said. The accused, however, sought lenient punishment and said he has been in jail ever since his arrest. He also alleged that despite being granted bail, no one complied with the bail order. He further claimed that he is a resident of West Bengal and comes from an economically disadvantaged family.
While passing the sentence, the judge said, “As alleged, he has a sister and mother to support and he is the sole breadwinner in the family. Considering the period of imprisonment and these points, leniency is necessitated towards the accused while imposing punishment.”
While convicting Dhanbai Muzumdar (21), Justice Komarsingh Rajput said: “The defence of the accused is total denial and false implicature. However, apart from mere denial and specific suggestions, there is nothing in the cross-examination (of the victim) to infer that the informant has falsely implicated the accused. Admittedly, the informant and the accused did not know each other before the incident. There is no reason to drag the accused in a false case. The evidence is compelling and credible. We cannot disbelieve the informant merely because no other witnesses or evidence have been collected.”
The victim, one of the two witnesses testifying in court, said that on May 23, 2023, at approximately 7:25 a.m., she was walking from her home to the studio when a stranger came up behind her, touched her buttocks and crossed her body, causing her to scream. Hearing her scream, the man turned around. At that moment, she took a photo of the man with her mobile phone. She became scared and ran back to the studio. She then called her parents and explained the details of the incident. Her parents went to the police station and filed a complaint. When filing the complaint, she showed the police the photos taken with her mobile phone. The victim identified the defendant in court as the same person who had touched her and degraded her.
The police officer, who testified, said that based on the photographs taken by the informant on his mobile phone, the present accused was tracked down and arrested the same day.
The judge said the evidence proved that the defendant touched the victim with the intent to degrade her.
The prosecution sought strict punishment. “The crime is grave and against women,” it said. The accused, however, sought lenient punishment and said he has been in jail ever since his arrest. He also alleged that despite being granted bail, no one complied with the bail order. He further claimed that he is a resident of West Bengal and comes from an economically disadvantaged family.
While passing the sentence, the judge said, “As alleged, he has a sister and mother to support and he is the sole breadwinner in the family. Considering the period of imprisonment and these points, leniency is necessitated towards the accused while imposing punishment.”
