'Kissing Is Not Reaction To A Fall': Mumbai Man Who Forcibly Kissed Female Worker In Mall Gets 1 Year Jail

A Mumbai court has sentenced a 34-year-old man to one year in prison after finding him guilty of forcibly kissing a mall worker in Borivali West and using criminal force against her.

The Dindoshi Sessions Court convicted Ritesh Rajubhai Armulla for outraging the modesty of the woman. The court relied heavily on the complainant’s testimony and accounts from witnesses who were present around the time of the incident.

The court observed that there was no apparent reason for the woman to falsely accuse Armulla, whom she had not known before the incident.

Man allegedly asked woman for directions to washroom

The incident took place at a mall in the Shimpoli area of Borivali West, where the woman was working as a salesgirl.

According to her complaint, she was on duty at around 6 pm on September 17 last year. She had purchased a cold drink and was walking towards the billing counter when a man wearing a pink shirt approached her.

The man reportedly asked her where the washroom was. Although she pointed him in the direction, he allegedly kept asking her to accompany him and show him the washroom.

The woman told him to proceed towards the washroom himself, following which he walked away.

However, the man allegedly returned shortly afterwards and forcibly kissed her without her consent.

Woman and accused fell during struggle

The complainant told police that the accused's actions caused both of them to fall to the ground. She alleged that instead of stopping, he kissed her again while they were on the floor.

The commotion attracted the attention of people nearby. Witnesses subsequently intervened, caught hold of the man and informed the police.

The woman later approached the police and lodged a complaint over the incident.

Court relies on woman's testimony

During the trial, the prosecution presented the woman's account along with statements from witnesses who supported the sequence of events.

The witnesses told the court that Armulla had followed the woman towards the washroom before allegedly approaching her and kissing her. Their accounts also supported the allegation that he kissed her again after they fell.

The court found the evidence consistent and credible.

“There is nothing to disbelieve the said evidence,” the judge observed.

The court further noted that Armulla's presence at the location and the supporting testimony of the witnesses left “no room to disbelieve the evidence of both the witnesses”.

Judge rejects accident theory

The defence apparently sought to suggest that the physical contact could have resulted from an accidental fall. The court, however, rejected that possibility while examining what happened after the two fell.

The judge pointed out that even if the accused had accidentally slipped and fallen on the woman, his conduct afterwards could not reasonably be described as accidental.

“Even for the sake of argument, it is considered that if a person slipped and fell on another person, natural reaction would be different rather than the person kissing the person on whom he fell,” the judge said.

The court concluded that the sequence of actions indicated deliberate conduct rather than an unintended incident.

Mumbai court awards one-year jail term

The judge held that Armulla had intentionally used criminal force against the woman and that his actions amounted to outraging her modesty.

The court observed that he first kissed the complainant, caused her to fall and then kissed her again.

Describing the conduct, the judge said it was “nothing but an act of outraging the modesty by using criminal force”.

Armulla was subsequently convicted and sentenced to one year in prison.