A Delhi court recently upheld the conviction of a man for masturbating next to a woman inside a Delhi Metro coach, with the judge calling for measures to ensure safety of women commuting on the capital’s public transport system..Additional Sessions Judge Hargurvarinder Singh Jaggi of the Saket courts made the observations while dismissing an appeal filed by accused Mohd Tahir who had challenged his conviction by the trial court under Sections 354 (acts intended to outrage a woman's modesty) and 354A (sexual harassment) of the Indian Penal Code..At the very outset of the judgment, the Court placed the case in the context of gender equality and safety in public spaces.“On March 8th of every year, International Women’s Day is celebrated across the globe, to mark and rejoice in the accomplishments of women in different spheres of life, and to create awareness that a lot more is yet to be done to bring in gender equality, opportunity, recognition,” the Court said..The judge said that the trial court’s decision highlighted the concerns faced by women commuters in the Metro system..The Court noted that the incident occurred inside a moving metro train and that the victim had to trigger the emergency response system to seek help. It commended the swift and effective response mechanism in place inside Delhi metro trains.“The fact that the incident took place on a moving metro, where the victim had to press an emergency button to seek help, underscores the robust security measures and a swift, effective response mechanism in place within the metro system,” the judge noted.Even so, the judge added that more institutional effort is required.“However, much more needs to be done.”.The Court also referred to the impact such incidents can have on women travelling in crowded public spaces.“The Trial Court, in its order on sentence, rightly observed that offences against women, especially those committed in a public space like a crowded metro, cause not only physical but also deep psychological trauma, violating the victim’s sense of privacy and security.”.Tahir was convicted by Judicial Magistrate First Class Chhaya Tyagi on May 24, 2025. He was sentenced to 1 year in jail and a fine of ₹10,000.According to the prosecution, the incident occurred on March 27, 2021, when the complainant was travelling on the Yellow Line of the Delhi Metro between Saket and Hauz Khas stations. Tahir was found to be masturbating while standing next to the complainant, whom he stared at and touched.The complainant pressed the emergency button inside the coach and the accused was subsequently apprehended. A first information report (FIR) was later registered at INA Metro Police Station.Before the sessions court, Tahir argued that the alleged incident took place during peak rush hour but no independent public witnesses were examined and CCTV footage was not produced. The defence also pointed to discrepancies regarding the metro station where the complainant and the accused got down.The Court rejected these submissions, saying,“The confusion about the names of the Metro Station on the part of the complainant as flagged by the appellant is a red herring argument.”.Advocate Anand Kumar Pandey appeared for Tahir. The State was represented by Additional Public Prosecutor Santosh Kumar.Advocate Meghna Mukherjee appeared for the complainant/victim..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
