According to a mumbai court, texting an unidentified woman at night with phrases like "you are slim, look very smart and fair, I like you" is considered obscenity. This was said by the court as it upheld the conviction of a guy who was accused of sending a former corporator pornographic communications over WhatsApp. The obscenity must be evaluated from the viewpoint of an "average person applying contemporary community standards," according to Additional Sessions Judge (Dindoshi) DG Dhoble.
The court observed that between 11 p.m. and 12.30 a.m., the complainant received images and messages that contained statements such as "You are slim," "You look very smart," "You are fair," "My age is 40 years," "are you married or not?" and "I like you."
No married woman or her husband who are "reputed and (former) corporators" would put up with such offensive images and whatsapp messages, the court said. It stated that the accused had not provided any evidence of a link between them.
According to the judge, the conduct and the texts amounted to an affront to a woman's modesty.
In 2022, a magistrate court here found the accused guilty and sentenced him to three months in jail. In the sessions court, he later appealed the ruling. According to the accused, political rivalry led to his fraudulent involvement in the case.
But the court dismissed his argument, stating that there was no evidence to back it up. It was argued that no lady would jeopardize her honor by blaming an accused person in a false case.
According to the court, the prosecution has demonstrated that the accused sent the victim pornographic whatsapp messages and pictures. The session judge stated, "Therefore, the accused is rightly convicted and sentenced by the trial court (magistrate)."
The court observed that between 11 p.m. and 12.30 a.m., the complainant received images and messages that contained statements such as "You are slim," "You look very smart," "You are fair," "My age is 40 years," "are you married or not?" and "I like you."
No married woman or her husband who are "reputed and (former) corporators" would put up with such offensive images and whatsapp messages, the court said. It stated that the accused had not provided any evidence of a link between them.
According to the judge, the conduct and the texts amounted to an affront to a woman's modesty.
In 2022, a magistrate court here found the accused guilty and sentenced him to three months in jail. In the sessions court, he later appealed the ruling. According to the accused, political rivalry led to his fraudulent involvement in the case.
But the court dismissed his argument, stating that there was no evidence to back it up. It was argued that no lady would jeopardize her honor by blaming an accused person in a false case.
According to the court, the prosecution has demonstrated that the accused sent the victim pornographic whatsapp messages and pictures. The session judge stated, "Therefore, the accused is rightly convicted and sentenced by the trial court (magistrate)."
click and follow Indiaherald WhatsApp channel