'You look smart': Messages like these to unknown woman at night amount to obscenity, rules court

A sessions court in Mumbai has ruled that sending messages like "you are slim, look very smart and fair, I like you" to an unknown woman at night amounts to obscenity. The court upheld the conviction of a man accused of sending obscene WhatsApp messages to a former corporator.

Court’s interpretation of obscenity

The Additional Sessions Judge (Dindoshi) D G Dhoble, in an order dated February 18, stated that obscenity must be judged from the perspective of an "average person applying contemporary community standards." The court noted that the accused sent multiple messages and pictures to the complainant between 11 pm and 12.30 am, including comments about her appearance and inquiries about her marital status.

Impact on the complainant

The court observed that no married woman or her husband, especially a "reputed and (former) corporator," would tolerate such messages and photos from an unknown sender. It further stated, "Nothing has been brought on record by the accused that there was any relationship between them."

Legal proceedings and conviction

The accused was convicted by a magistrate court in 2022 and sentenced to three months of imprisonment. He challenged the ruling in the sessions court, claiming false implication due to political rivalry. However, the sessions court rejected this argument, stating it was not supported by any evidence.

"Furthermore, no woman would stake her dignity implicating an accused in a false case," the court said.

The court concluded that the prosecution had proved the accused sent obscene messages and images via WhatsApp. "Therefore, the accused is rightly convicted and sentenced by the trial court (magistrate)," the judge ruled.

(Inputs from PTI)