A magistrate's court in Mumbai recently convicted and sentenced a 35-year-old taxi driver to two years of rigorous imprisonment for outraging the modesty of a hotel employee and stalking her over a period of ten days in 2023. The court rejected the defense's argument that kissing hands was a routine gesture in the hospitality industry and did not constitute a criminal offense.
Incident Details
The victim, a front office associate at a five-star hotel in South Mumbai, was first targeted on November 11, 2023. While traveling alone in a shared taxi near the Oval Ground, the accused, Rockey Fernandes, who was driving the vehicle, refused to accept her fare. Instead, he grabbed her hand and kissed it under the guise of a Diwali greeting. The woman reported feeling ashamed and fearful. She did not immediately report the matter to the police but informed her mother and stayed away from work for several days.
Escalation of Harassment
The harassment escalated on November 21, 2023, when the woman encountered Fernandes again while attempting to board a taxi for work. During this second journey, Fernandes diverted from the usual drop-off point and stopped near a different building. He then demanded her mobile number and insisted that he liked her, despite her clear expressions of disinterest. Following advice from her department head at the hotel, the woman approached the Cuffe Parade police station to lodge a formal complaint, leading to Fernandes's arrest the following day. He was subsequently granted bail.
Court's Observation
Magistrate Prashant S. Ghodke noted that the act occurred outside a professional setting and was clearly non-consensual. The magistrate stated, "The act of the accused while the informant was alone sitting in the shared taxi and kissing her hand is definitely culpable in nature, considering the sex of the woman." The court also addressed the defense's argument regarding the lack of independent witnesses, emphasizing that the victim's testimony was cogent, trustworthy, and unshaken. The magistrate said, "In this scenario, it is highly improbable that a person outside the taxi could notice the acts that happened inside. When the solitary testimony of the informant is reliable, no independent corroboration is required."
Stalking Charge
The magistrate further noted that the woman's reaction to the first incident, specifically jerking her hand away, served as a clear indication of her disinterest. Despite this, Fernandes followed her on November 21, 2023, to foster a relationship. The court concluded that demanding a phone number and name under such circumstances constituted the offense of stalking under Section 354(D) of the Indian Penal Code.
Sentencing
During sentencing, the judge highlighted the seriousness of crimes against women and refused to let Fernandes off with a bond of good behavior. The magistrate said, "As the offense is against a woman and is serious, it is not expedient to grant the benefit under the Probation of Offenders Act to the accused." Fernandes was ordered to pay a fine of Rs. 1,000 in addition to the two-year rigorous imprisonment sentence.
