Bombay High Court has shed light on the grave consequences that can stem from acts of eve teasing, underscoring the potential for such actions to escalate into more serious offences. A significant point of ambiguity in the case was the identification of the individual responsible for the fatal blow.
The Bombay High Court has shed light on the grave consequences that can stem from acts of eve teasing, underscoring the potential for such actions to escalate into more serious offences. This case, which has captured the attention of legal experts and the public alike, serves as a poignant reminder of the thin line between harassment and more severe criminal acts. The court’s recent proceedings highlighted the urgent need to address and curb instances of eve-teasing, a social menace that has been linked to more serious offences, including murder.
The case in question revolved around appeals filed by three men contesting their convictions and sentences. They were previously found guilty of murdering a man who had confronted one of them for eve teasing a girl in their neighborhood. This incident, which led to a tragic loss of life, has brought to the forefront the dire consequences of unchecked harassment.
Justices Ajay Gadkari and Shyam Chandak of the Bombay High Court, while deliberating on the case [Eknath Shinde vs State of Maharashtra], pointed out the dangerous trajectory from eve-teasing to more heinous crimes. The bench emphasized,
“There is a need to keep under control such instances of teasing young girls, which are common and often becomes reason for another offence and sometimes to serious one. Therefore, stringent punishment should be imposed on the accused persons for the offence of section 304 (Part II).”
The incident that led to the legal battle occurred on May 3, 2012, when Abhijit Sangare, one of the appellants, was accused of eve teasing a local girl. The situation escalated when the girl’s mother sought help from her brother and a neighbor, the deceased, who confronted Sangare. The confrontation took a violent turn when Sangare, along with Eknath Laxman Shinde and Bhaishya Pardeshi, allegedly attacked the man with iron rods and a wooden log, leading to his death from sustained injuries.
Despite the severity of the attack, the High Court observed nuances in the case that led to a reevaluation of the initial murder conviction. The court noted,
“These circumstances clearly indicate that even though the accused persons were carrying two weapons, they restricted themselves to only one injury on the vital part of the body (head) and that too without exercising much force, otherwise there would have been at least a fracture to the skull like to the right tibia-fibula. The deceased died due to complications following the head injury.”
Also Read- ED Officer Ankit Tiwari | Madras HC Dismisses Statutory Bail Plea Of Ankit (lawchakra.in)
This observation led the court to conclude that the act was not premeditated murder but rather a result of a sudden altercation. The bench stated,
“Therefore, we find it difficult to conclude that the injury to head was caused intentionally. However, looking to the external and internal nature of the head injury coupled with the fracture caused to the right leg of the deceased, it is safe to conclude that the injury to the head was inflicted with the knowledge that it is likely to cause death. Therefore, the homicidal death of the deceased is not murder.”
As a result of these findings, the Bombay High Court altered the appellants’ convictions from Section 302 (murder) to Section 304 Part II (culpable homicide not amounting to murder). The revised sentence includes rigorous imprisonment for ten years and a fine of ₹25,000 each, a decision that reflects the court’s nuanced understanding of the circumstances surrounding the tragic event.
The case, represented by Advocates Daulat Khamkar, Aashay Topiwala, and Vrushabh Savla for the appellants, and Additional Public Prosecutor AA Takalkar for the State, marks a significant moment in the legal discourse surrounding eve-teasing and its consequences. It serves as a reminder of the legal system’s role in addressing and mitigating the repercussions of societal issues like eve-teasing, while also ensuring justice and fairness in the adjudication process.
Also Read- Asaram Bapu In Jail | Rajasthan HC Requests Details Of His Ayurvedic Treatment (lawchakra.in)
READ ORDER
FOLLOW US ON TWITTER FOR MORE LEGAL UPDATES
