Judge refuses lenient view after accused misbehaves in court

A Delhi court has refused to release on probation a man accused in a molestation case while noting that he behaved inappropriately before it and showed no remorse for his act.
Metropolitan Magistrate Chetna Singh sent Bharat Singh, a south-east Delhi resident, behind bars for five years while holding him guilty for the offences of molestation, outraging the modesty and wrongful confinement punishable under the IPC.
"Considering all aggravating and mitigating circumstances, the convict cannot be released on probation of good conduct as his conduct in the court today also does not point towards any feeling of remorse as regards the offence committed by him," the magistrate said in the order.

The court noted when the accused was asked about the incident during recording of his statement under section 313 of the CrPC, he passed a lewd comment and started laughing.
It also relied on the testimony of the victim and noted the admission of the accused that he committed the offence saying it can be considered as evidence.
"The complainant clearly stated that the accused had wrongfully restrained her by locking her in the room and also outraged her modesty... Adding to this, is the statement of the accused recorded under section 313 of CrPC wherein he has himself admitted that on the day of the incident, he had inappropriately touched the complainant.

"It is a settled law that the admission of the accused under section 313 of the CrPC is not sufficient to prove his guilt. However, the same can be considered as a corroborative piece of evidence against him," it said.

"Facts clearly reveal that convict was found guilty of outraging modesty of the complainant by wrongfully confining her in her room and also made obscene gestures towards her with intention to outrage her modesty and hence, the guilt of the convict has been proved beyond reasonable doubt.
"His conduct in the court further reflects his general character in such matters...His guilt has been proved by the prosecution beyond a reasonable doubt," it said.

According to the prosecution, on April 19, 2012, Singh had inappropriately touched the woman and dragged her to a room by pulling her hair.
The police arrested him on the woman's complaint for offences under sections 354 (molestation), 342 (wrongful confinement) and 509 (outraging modesty of a woman) of the IPC.
The court also noted that the complaint was duly corroborated by police officials with regard to the sequence of events leading to registration of FIR.
"It is settled law that the version of the complainant if otherwise truthful is enough to prove the prosecution case if it is corroborated by other witnesses and documents on record.

"Thus, all the ingredients required to bring home the guilt of the accused U/s 354/342/509 IPC have been proved by the prosecution beyond a reasonable doubt," it said.