Mumbai: Rejecting the argument of the accused that kissing hands was a routine gesture in the hospitality industry and did not constitute a criminal offence, a magistrate’s court recently convicted and sentenced a 35-year-old taxi driver to two years’ rigorous imprisonment (RI) for outraging the modesty of a hotel employee and stalking her for over a period of ten days in 2023. The victim was a front office associate at a South Mumbai five-star hotel.In a detailed order, Magistrate Prashant S Ghodke noted that the act occurred outside of a professional setting and was clearly non-consensual. “The act of the accused while the informant was alone sitting in the share taxi and kissing her hand is definitely culpable in nature, considering the sex of the woman, the magistrate said. The Cuffe Parade-based accused, Rockey Fernandes, was found guilty of using criminal force against the woman. Fernandes was ordered to pay a fine of Rs 1,000.The woman who lived in Mira-Bhayander would take a train every morning to Churchgate. After this, she would board a share cab for her work from outside the station.The prosecution’s case proved that the victim was first targeted on Nov 11, 2023. While travelling alone in a share taxi near the Oval Ground, Fernandes, who was driving the vehicle, refused to accept her fare and instead grabbed her hand and kissed it under the guise of a Diwali greeting. The woman said that she was left “ashamed and fearful”. She did not immediately report the matter to the police but informed her mother. Shaken by the incident, she remained away from her workplace for several days.The harassment escalated on Nov 21, 2023, when the woman encountered Fernandes again while attempting to board a taxi for work. During this second journey, Fernandes diverted from the usual drop-off point and halted the vehicle near a different building. He then demanded her mobile number and insisted that he liked her, despite her clear expressions of disinterest. Following advice from her department head at the hotel, the woman approached the Cuffe Parade police station to lodge a formal complaint, leading to the arrest of Fernandes the following day. Subsequently, he was granted bail.Refuting the defence argument that the lack of independent witnesses falsified the woman’s case, the magistrate said, “In this scenario, it is highly improbable that the person who is outside the taxi could notice the acts that happened in the taxi. In the present case, the testimony of the informant appears to be cogent, trustworthy, and unshaken, and when the solitary testimony of the informant is reliable, no independent corroboration is required.The magistrate further noted that the woman’s reaction to the first incident served as a clear sign of her lack of interest, which Fernandes chose to ignore. “the act of jerking of the hand by the informant… is amounting to clear indication of disinterest as contemplated u Sec 354(D) (stalking) of the IPC and it is proved on record despite of it, on Nov 21. 2023, accused has followed the informant in order to foster her relations with her.” The magistrate concluded that demanding a phone number and name under such circumstances constituted the offensce of stalking.During sentencing order, the judge noted the gravity of crimes against women. Refusing to let off the accused on a bond of good behaviour instead of serving a sentence, the magistrate said, “As the offence is against the woman and serious, it is not expedient to the benefit under…. the Probation of Offenders Act to the accused.”
