A Mumbai sessions court said at a case hearing that sending women WhatsApp messages at night that include phrases like "you are slim, look very smart and fair, I like you" is considered obscenity. While upholding the conviction of a man who was arrested for sending such obscene texts to a former corporator, Additional Sessions Judge (Dindoshi) DG Dhoble made these observations.
According to the February 18 order, the obscenity must be evaluated from the viewpoint of a "normal person applying contemporary community standards."
"You are slim," "you look very smart," "you are fair," "are you married or not?" and "I like you" were among the messages and images that were sent to the complainant around midnight, the court noted. According to the court, no respectable married woman or her partner would put up with such offensive images and WhatsApp messages, especially when the complainant and the sender are strangers.
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"Nothing has been brought on record by the accused that there was any relationship between them," added the statement. In 2022, a magistrate court found the accused guilty in the same matter and sentenced him to three months in prison. In the sessions court, he later appealed the ruling.
The accused stated, among other things, that political rivalry was the reason he was wrongfully implicated in the case. The court, however, dismissed his argument, stating that it lacked evidence.
It further concluded that no woman would jeopardise her honour by implicating 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 sessions judge stated, "Therefore, the accused is rightly convicted and sentenced by the trial court (magistrate)."