MUMBAI: In an interesting case, the Bombay High Court bench of Justice Rohit Deo at the Nagpur seat last week, reduced the four years imprisonment of a man, convicted for outraging modesty of a woman by asking for sexual favors, after the victim herself filed an affidavit stating that the accused has now become "a true gentleman".
The bench was hearing a revision plea filed by Ashok Neware (55) challenging the decision of the Magistrate court in Bhandara, which convicted him for outraging modesty and stalking. The court had imposed an imprisonment of two years each on both the counts.
According to the complaint filed in October 2015, Neware outraged the modesty of the victim by stalking her, trying to barge in her house by forcing open the main gate and professing love and asking her for sexual favour.
Justice Deo noted in his orders that the findings of the Magistrate court are in line with the evidence on record.
"Interference may be warranted only if the findings border on perversity, or there is otherwise a gross miscarriage of justice," the judge said, adding, "Scrutinizing the evidence on record, particularly that of the victim is confidence inspiring, and even otherwise, findings of fact are not shown to be perverse. Thus, there is absolutely no scope to interfere with the conviction recorded."
However, the victim filed an affidavit before Justice Deo stating that with the passage of time the accused has proved to be ‘a true gentleman’ and ‘a good member of the society’.
"The victim, who has filed this affidavit was present in the courtroom personally along with her husband and she reiterated the contents of the affidavit. She has therefore, prayed that the accused be released on probation," the judge noted.
"I am afraid, there is no scope to grant the benefit of probation. The applicant (Neware) is convicted for a sexual offence and it is well settled that granting probation to a convict of sexual offence would not be a proper exercise of discretion," Justice Deo said, adding, "The offence is non-compoundable, and considering the stage at which the affidavit is placed on record, the only purpose which the affidavit can serve is to be a mitigating circumstance in imposing the sentence."
The judge further noted that the accused Neware is a gym owner and has paid the Rs 30,000 fine amount as ordered by the Magistrate court.
"In my considered view, the sentence imposed can be modified, considering the affidavit as a mitigating circumstance," Justice Deo said while considering his jail term spent during the trial.
The judge, however, ordered Neware to deposit to the local court an additional amount of Rs one lakh, as a fine.
