The 67th court of Metropolitan Magistrate in Borivali has convicted Asad Hussain Shaikh, 48, for molesting a woman in 2014. The case was registered at Kurar Police Station.

On September 30, Magistrate Abhay Ghuge sentenced Shaikh to one year of rigorous imprisonment and imposed a fine of Rs 10,000 under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC). In default of payment, the accused will face an additional one month of simple imprisonment.

Case background

According to the sources, the victim registered a first information report (FIR) on December 23, 2014, alleging that Shaikh had molested her the previous morning.

The complainant, in her statement, said that around 11 am on December 22, she had gone to Pathanwadi Market to purchase household items when the accused approached her, made obscene remarks and touched her chest and buttocks. Shocked and frightened, she returned home.

Later that night, after her husband returned and noticed her distress, she narrated the incident to him. The couple, along with her brother-in-law, searched for the accused and found him. When confronted, Shaikh allegedly abused them and had a scuffle with the complaint’s husband. After the complainant shouted for help, nearby residents intervened, and Shaikh was subsequently taken to Kurar police station, where the FIR was lodged.

Trial and court proceedings

The Mumbai Police`s investigation included recording witness statements and filing a charge sheet against Shaikh under IPC Section 354.

During the trial, the accused denied all charges, claiming he had been falsely implicated due to personal animosity with the complainant’s family. His lawyer argued that the incident was fabricated, citing alleged contradictions and a lack of independent witnesses.

However, the court found the victim’s testimony consistent, credible, and corroborated by the sequence of events. The magistrate observed that the FIR was lodged within 24 hours, and the delay was reasonable and natural, considering the victim’s fear and emotional distress.

Rejecting the defence’s argument for leniency under the Probation of Offenders Act, the court noted that the nature of the offence of outraging a woman’s modesty warrants no such benefit.

While the court acknowledged the accused’s family circumstances, it emphasised that crimes against women must be treated seriously, sentencing Shaikh to the minimum prescribed punishment of one year’s rigorous imprisonment under IPC Section 354.

The case was prosecuted by Public Prosecutor Sandeep Angre, and the investigation was conducted under the supervision of Senior Police Inspector Sanjeev Tawde and Police Inspector Nandkishor Kshirsagar of Kurar Police Station.

The investigation was led by API Ramesh Kamble, with assistance from API Gavkar, and Police Constables Panchal and Kurhade during the court proceedings. Head Constable Surwade and Police Constable Sheikh handled summons, warrants, and documentation work.

Source