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A sessions court in Mumbai has ruled that sending messages such as "You are slim," "You look very smart and fair," and "I like you" to an unknown woman late at night amounts to obscenity. The verdict was delivered by Additional Sessions Judge (Dindoshi) D G Dhoble while upholding the conviction of a man accused of sending obscene messages via WhatsApp to a former corporator.
According to PTI, the court emphasised that obscenity must be assessed from the perspective of an "average person applying contemporary community standards." The ruling, issued on February 18, highlighted that the accused had sent messages and pictures to the complainant between 11:00 PM and 12:30 AM, including texts such as "You are slim," "You are looking very smart," "You are fair," "My age is 40 years," "Are you married or not?" and "I like you."
The sessions court noted that no married woman or her husband - particularly individuals who are reputed and former corporators - would tolerate such WhatsApp messages and images, especially from someone unknown to them. The accused had not presented any evidence to suggest a prior relationship between himself and the complainant, the court observed.
As per PTI reports, the judge ruled that the nature of the messages and the act itself amounted to an insult to the modesty of a woman. The accused had initially been convicted by a magistrate court in 2022 and sentenced to three months' imprisonment. However, he challenged the ruling in the sessions court.
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In his defence, the accused contended that he had been falsely implicated in the case due to political rivalry. Nevertheless, the court dismissed this argument, stating that there was no supporting evidence to back his claim. Furthermore, the court remarked that "no woman would stake her dignity by falsely implicating an accused in such a case."
The prosecution successfully proved that the accused had sent inappropriate and obscene WhatsApp messages and images to the complainant, the court concluded. As a result, the sessions court upheld the magistrate's decision, affirming that the conviction and sentence were justified.
The ruling reinforces legal safeguards against harassment and inappropriate communication, setting a precedent for how unsolicited and suggestive messages to women may be viewed under the law.
(With inputs from ANI)
