Thane court sentences Mehafuj Maksood Aalam Shaikh for flashing at a 17-year-old in 2022, under IPC section 509. Shaikh faces a Rs 5,000 fine, allocated as compensation for the victim. The court considers his 17-month prison term, aligning the sentence with CrPC section 428.
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A court in Thane, Maharashtra, handed down a sentence to Mehafuj Maksood Aalam Shaikh, a man convicted of flashing at a 17-year-old girl in an incident that occurred on September 7, 2022. The convict, who has already spent nearly 17 months behind bars, faces the legal consequences of his actions.
The order, delivered on February 12 by special court Judge D S Deshmukh, who presides over cases related to the Protection of Children from Sexual Offences (POCSO) Act, found Shaikh guilty under Indian Penal Code (IPC) section 509. This section deals with “insulting the modesty of any woman by uttering any word, making a sound or gesture, or exhibiting any object.”
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The court, recognizing the severity of the offense, imposed a fine of Rs 5,000 on Shaikh. Moreover, the judge directed that the fine amount be recovered from the accused and paid to the victim as compensation. In a move to ensure further support for the victim, the case was referred to the District Legal Services Authority (DLSA) for additional compensation.
It is worth noting that the incident took place near a hotel in the Shanti Nagar area of Thane, leading to the arrest of Shaikh a few days later based on the victim’s complaint. The court’s decision to consider the jail term already served by the convict aligns with the provisions of Section 428 of the Code of Criminal Procedure (CrPC), offering the opportunity for set off against the sentence.
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Section 428 of the Code of Criminal Procedure (CrPC)–
In cases where an individual is convicted and sentenced to imprisonment, excluding instances where the imprisonment is a consequence of failing to pay a fine, any period of detention endured by the accused during the investigation, inquiry, or trial of the same case before the date of conviction shall be subtracted from the total term of imprisonment imposed. Consequently, the individual’s obligation to serve imprisonment following the conviction will be limited to the remaining portion, if any, of the initially imposed term.
The commencement of legal proceedings ensued from the prompt reporting of the incident by the victim, exemplifying their commendable courage. The expeditious response of the police subsequent to the filed complaint underscores a steadfast dedication to ensuring justice for victims of similar offenses.
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This particular incident accentuates the pivotal role played by laws designed to safeguard the dignity and modesty of individuals, especially in cases involving minors. The judiciary’s decision, not only to mete out penalties to the perpetrator but also to mandate compensation, reflects a resolute commitment to providing support and restitution for victims of such grievous crimes.
