Court acquits Ola cab driver in outraging modesty case involving woman passenger

Mumbai, Dec 26 (PTI) A sessions court here has acquitted an Ola cab driver of charges related to insulting a woman's modesty, but upheld his conviction for criminal intimidation offence with reduced sentence in an altercation case.

The case stems from a 2018 late-night altercation at Mumbai International Airport involving the driver, Yashwant Suranje, and a family returning from Hong Kong.

In January this year, a magistrate court had originally convicted Suranje for offences committed under Indian Penal Code (IPC) sections 509 (insulting the modesty of a woman), 506 (criminal intimidation) and 504 (intentional insult to provoke breach of peace).

It then sentenced him to six months of rigorous imprisonment for insulting the modesty, while he was sent to three months jail for the other two charges.

Suranje appealed the conviction, arguing that the ingredients of section 509 were not met.

He submitted that the punishment was overly harsh as he had already lost his business due to the legal battle.

Additional Sessions Judge (Dindoshi court), in the verdict delivered on December 18, ruled that the prosecution has failed to prove its case for outraging modesty.

The judge noted that although an altercation did occur, it did not meet the legal threshold for outraging modesty.

"It is clear that whatever words used by the accused are not sufficient to infer that he has intention to insult the modesty of the women or mother of the informant," the court said.

The sessions judge, appreciating the evidence on record, upheld the conviction under charges of IPC sections 506 and 504.

He, however, stressed that three months of rigorous imprisonment was "harsh punishment" considering that the dispute between the parties was "sudden and without any intention".

The court found that there was "no intention by the driver to abuse" the informant or his family, and reduced the punishment to the extent of till rising of the court and alternatively to impose the fine of Rs 200 on the driver.

After returning from Hong Kong around 3 am on November 10, 2018, Sameer Hiru Sahani had booked an Ola Prime cab for himself and his parents.

As per the prosecution, the dispute began at the parking level over the placement of three large luggage bags in the vehicle's trunk.

The situation escalated during the drive towards Bandra when the passengers requested the air conditioning be turned on, but the driver responded aggressively, used abusive language towards his mother and eventually stopped the vehicle.

As per the complaint, he refused to proceed and threatened the family. Since it was late in the night, Sahani sent his parents home in another cab. He then called the police and lodged a complaint against the driver. PTI AVI NP