A Mumbai sessions court upheld the conviction of a man for sending obscene WhatsApp messages to a former corporator. The court ruled that such messages insult a woman’s modesty and attract punishment under the law.
Man Sent Obscene Messages at Midnight
On January 26, 2016, the victim, a sitting corporator from Mumbai’s Borivali area, received WhatsApp messages late at night. The messages included personal remarks like, “Are you asleep? Are you married or not? You are looking smart. You are very fair. I like you.” The sender, Narsingh Gude, also stated his age and asked to meet her the next day.
Victim Reported the Incident to Police
Shocked by the messages, the corporator informed her husband and tried to call the number. Gude did not answer but replied with more messages. He wrote, “Sorry, call not accepted at night. WhatsApp chatting I like, come online.” He also sent obscene photographs. Feeling ashamed and outraged, the victim approached the police and filed a complaint.
Court Dismisses Political Rivalry Claim
Gude’s defense argued that the case was false and politically motivated. They claimed the corporator and her husband, both politicians, framed him due to rivalry. However, the court rejected this argument. It stated that no woman would falsely implicate someone at the cost of her dignity.
Sending Obscene Messages is a Crime
The court ruled that Gude’s messages and photographs violated Section 509 of the Indian Penal Code (IPC), which penalizes insulting a woman’s modesty. It also found him guilty under Sections 67 and 67A of the Information Technology (IT) Act for transmitting obscene and sexually explicit material online.
Court Holds Sender Responsible
Gude claimed he did not send the messages. However, the judge noted that he had exclusive control over his phone. He failed to explain how the messages were sent from his number. The court used circumstantial evidence and Section 106 of the Indian Evidence Act to establish his guilt.
Conviction and Sentence Upheld
The court upheld Gude’s three-month simple imprisonment and fine, dismissing his appeal against the Metropolitan Magistrate Court’s ruling. It reaffirmed that sending unsolicited obscene messages to a woman amounts to an offense under the law.
