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Gujarat High Court Rejects Plea For Two Men Convicted Of Molesting Teenage Girls
In a significant ruling, the has upheld the of two men for the crime of outraging the modesty of two teenage girls. Presided over by the Hon’ble Ms. Justice Nisha M. Thakore, the Court dismissed the filed by the convicts, ultimately denying their plea for under the .
A Traumatic Encounter
The case relates to an incident that occurred on , in Thana Galol, where two young victims were intercepted by the two individuals while walking to a local Gaushala to fetch drinking water. The alleged that the , after stalking the girls for several days, whistled and winked at them before physically grabbing the victim’s arm and making inappropriate, vulgar solicitations. The incident caused significant trauma, forcing the victims to flee and report the event to their families.
Legal Arguments and Judicial Scrutiny
The defense counsel sought to challenge the by highlighting contradictions regarding the identification of the , the lack of an independent , and the delay in filing the (FIR). They argued that the were gainfully employed and sought leniency through the application of the of Offenders Act, citing clean records and family responsibilities.
Conversely, the State emphasized that the consistency in the of the victims, despite them being related to the , formed a robust foundation for . The Court noted that in cases involving offenses against women, the sole evidence of the victim carries significant weight if found to be trustworthy and natural.
Key Observations
In its reasoning, the Court emphasized that against the modesty of women require firm handling:
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"The imposition of sentence without considering its effect on the social order… is in reality a futile exercise."
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"Any liberal attitude by imposing meager sentences... will be result-wise counter-productive in the long run and against societal interest."
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"Perpetrators with such criminal mentality specifically target children because children are easily intimidated and lack the words to understand what is happening."
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"The modesty of a woman has to be strongly guarded."
Upholding the
The Court observed that allowing for crimes of this nature would undermine the collective conscience of society and fail to provide necessary deterrence. By citing legal precedents from the , Justice Thakore affirmed that benefits under the of Offenders Act are not available to those convicted of against women, especially minors.
The Court directed the convicts to surrender before the jail authorities within eight weeks to serve their sentences, confirming the appellate court’s modification of the original . This decision serves as a firm reminder that the judiciary places a primary focus on the protection of women and minor victims, mandating exemplary treatment for those who undermine their dignity.
