New Delhi: Upholding the conviction of a man for masturbating next to a woman inside a Delhi Metro coach, a court has also called for stronger measures to ensure the safety of women commuting on the city’s public transport system.Additional sessions judge Hargurvarinder Singh Jaggi placed the case within the broader context of International Women’s Day and the persistent safety concerns faced by women in public spaces. “On March 8th of every year, International Women’s Day is celebrated across the globe, to mark and rejoice in the accomplishments of women in different spheres of life, and to create awareness that a lot more is yet to be done to bring in gender equality, opportunity, recognition,” he said.The court dismissed an appeal filed by Mohd Tahir, holding that the trial court had correctly appreciated the evidence before convicting him under sections 354 and 354A of Indian Penal Code dealing with crimes against the modesty of women.According to the prosecution, on March 27, 2021, when the complainant was travelling on Yellow Line, between Saket and Hauz Khas stations, Tahir stood next to her and masturbated while staring at her, and touched her.The complainant pressed the emergency button inside the coach to seek help, following which Tahir was apprehended. An FIR was registered at INA metro police station.The trial court had sentenced Tahir to one year of rigorous imprisonment with a fine of Rs 5,000 under each section, with both sentences to run concurrently.Referring to the trial court’s reasoning, the sessions court observed that offences against women in crowded public spaces such as the metro could have serious psychological consequences. “The trial court… rightly observed that (such) offences against women… cause not only physical but also deep psychological trauma, violating the victim’s sense of privacy and security.” While noting that much more needs to be done to ensure women’s safety, the judge also commended the “robust security measures and effective response mechanism in place within the metro system”, which helped the victim seek assistance inside the moving train.Tahir had argued that the incident allegedly occurred during peak hours but no independent witnesses were examined and CCTV footage was not produced, while also pointing to discrepancies about the metro station where they got down.However, the court relied on the complainant’s consistent testimony. “The confusion about the names of the metro station on the part of the complainant… is a red herring argument.”The judge also noted that she had repeatedly said the appellant was an “exhibitionist who masturbated while standing next to her and touched her inappropriately”.
