A sessions court in Delhi on Monday upheld the conviction of a man who masturbated next to a woman passenger while travelling in a Metro train in 2021 as it underlined that much more needs to be done to ensure safety of women in public spaces.
Additional Sessions Judge Hargurvarinder Singh Jaggi cited Women’s Day in his judgement. “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…However, much more needs to be done,” he said.
The Judge added, “… (the judgement of the Magistrate Court) sheds light on the safety and security concerns for women traveling in the Delhi Metro, a matter of increased relevance as we all celebrated International Women’s Day on March 8, 2026…. 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.”
The order dated March 9 further quoted him as saying, “On March 8, 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 incident took place on the Yellow Line enroute Saket Metro Station to INA Metro Station when the convict, Mohd. Tahir, masturbated while standing next to the woman passenger and rubbed his hand on her shoulder despite her protesting verbally, according to the complainant. After she raised an alarm, fellow passengers eventually forced him to get off the train.
An FIR was lodged in this case on March 27, 2021, at the INA Metro Police Station on the basis of the woman’s statement.
Mohd Tahir was convicted on May 24 last year under Sections 354 (acts intended to outrage a woman’s modesty) and 354A (sexual harassment) of the Indian Penal Code and he had been sentenced to rigorous imprisonment for a period of one year on October 6 last year by Judicial Magistrate First Class Chhaya Tyagi.
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The counsel for the accused argued that the complainant’s testimony is unreliable, as she had contended before the magisterial court on March 31, 2021, that she got off the train with the accused at the INA metro station. However, on December 4, 2023, she testified that she got off the train at Green Park metro station. The court rejected this argument as it was “not fatal” to the case, the counsel said.
“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,” the Judge said.
“This court finds that the impugned judgment passed by the Trial Court is based on the direct evidence of the victim’s testimony, corroborated by other witnesses who were part of the same transaction, which included the pressing of the emergency button, the arrival of officials, and the arrest of the accused in the Controller’s Room at Green Park Metro station,” ASJ Jaggi said as he dismissed the appeal.
“It is the duty of the State to ensure the safety of women,” the court said as it observed that the case highlighted the safety concerns faced by women using public transport.
