Surat Court: 'Stricter Stance' Needed in Crimes Against Women, Upholds Jail Term

The Surat District and Sessions Court has upheld a six-month prison sentence for a man convicted of making sexually coloured remarks at a woman. The court, while rejecting the convict's appeal, emphasised that a stricter stance is necessary in crimes against women to serve as a deterrent.

According to court documents, the incident occurred on October 10, 2015, when the victim, then 21 years old, was returning home from a tuition class on her moped. While waiting at a traffic junction, the convict, Mahir Shaikh, along with his friend Adil Shaikh, allegedly made sexually coloured remarks towards her.

The victim reported the incident to her mother, leading to a First Information Report (FIR) on October 13, 2015, under provisions of sexual harassment, criminal intimidation, and mischief causing property damage. After a trial, a Judicial Magistrate First Class (JMFC) court convicted Mahir Shaikh on December 31, 2024, sentencing him to six months in jail based on eyewitness and victim testimonies. His associate, Adil Shaikh, was acquitted due to insufficient evidence.

Shaikh challenged the conviction before the 12th Additional Sessions Court, claiming the case was fabricated. His defence counsel argued that the victim's family had a long-standing neighbourhood dispute with Shaikh's father, including a separate police case from 2012, and alleged the complaint was motivated by personal vengeance.

Countering this, the prosecution contended that Shaikh was a habitual harasser who frequently made objectionable comments at the victim. The Additional Public Prosecutor emphasised that a young woman would not file a false complaint carrying such stigma solely to leverage a parental dispute.

Judge Bhavesh Avashiya, while upholding the conviction, firmly rejected the defence's claim of a family vendetta. The court observed that prior friction between the families did not invalidate the reality of the harassment. “The earlier criminal cases against the accused father with the mother of the victim also came on record. Based on the earlier criminal cases, the present complaint should not be considered false or fake,” the court noted.

“The fact that Mahir Shaikh has been repeatedly harassing the complainant in this way has been revealed from the evidence of the complainant. Moreover, the old enmity between the two families has persisted for this reason. Considering all these facts, the court should adopt a stricter stance in crimes against women, and this court is of the opinion that the benefit of probation cannot be given to the accused in such crimes,” the court added.

The court further stated that since both parties reside in the same area, a lesser sentence could encourage the accused to commit similar or more serious crimes. Concluding that the lower court's ruling was reasoned, the Sessions Court dismissed the appeal and upheld the sentence and fine. The defence has indicated they will review the judgment before deciding on a further appeal to the High Court.