Metropolitan Magistrate Shefali Barnala Tandon, however, took into consideration the young age of convict Rizwan, a west Delhi resident, while awarding him the jail term of two months for molesting a woman in a moving bus here in 2012.
"I am not inclined to give benefit of probation to Rizwan as the crime against women is on high rise and releasing him on probation would not have deterrent effect in the society, which is need of the hour.
While convicting Rizwan, the court relied on testimonies of the victim and police, saying that their statements were "unrebutted".
"All the witnesses examined by the prosecution have duly supported the case qua offence under section 354 (molestation) of the IPC and their statement on record is found to be cogent and inspires the confidence of the court.
"There is no reason to disbelieve the same and there is no material inconsistency and contradictions in the statements," the court said.
It said that the bus was crowded and taking advantage of the situation, Rizwan stood close to her and started misbehaving with her by touching her inappropriately.
When despite her repeated warning to maintain distance, he did not stop, the victim raised an alarm and got the bus stopped. She then informed the police and got Rizwan arrested, it said.
