CHENNAI: The Madras High Court has reduced the prison term of a man convicted and imprisoned in a sexual harassment case by taking into account the circumstances, particularly the situation of his wife and children, and the fact that he had lost one of his legs in an accident.
Justice D Bharatha Chakravarthy passed the orders recently on the criminal revision petitions filed by the convict - Lakshmanan of Tiruppur.
He was sentenced to three years imprisonment under section 354 (A) (1) (i) for sexually harassing a woman worker of a hosiery unit owned by his father and two years under section 506 (i) of IPC for intimidating the victim.
The judgment was given by the Additional Mahila Court in Tiruppur on July 30, 2021 and was upheld by the Principal Sessions Judge on December 17, 2021.
The incident occurred in 2019. The victim, then 22 years old, had tried to kill herself following the harassment, but was rescued. She subsequently disclosed the incident to her parents, following which a complaint was filed with the police.
The convict filed the appeal against the orders in the high court.
Justice Chakravarthy said he was inclined to modify the sentence in view of the circumstances that the survivor got married to another person and was leading a happy life in a different place now, and that the convict suffered disability as one of his leg had to be amputated after an accident.
Noting that the convict is married with two children, the judge said, as a matter of fact, the wife and children are also the “unseen victims”.
While confirming the guilt of the man, the judge modified the sentence of imprisonment to the period of 15 days, which he had already served in prison during the case.
Pointing out that the convict who had moved the high court with the appeal was willing to pay monetary compensation to the woman he had harassed, the judge commended the survivor for showing courage to lodge a complaint against the accused and firmly rejecting the compensation he offered to pay her.
Although she was initially unable to withstand the ordeal, she eventually gathered herself, ensured the accused was punished and then displayed sufficient courage to move on with her life and demonstrated exemplary character by refusing any compensation from him.
“In my opinion, her response is the most significant punishment for the accused,” the judge added.