New Delhi, Mar 10 A Delhi court has upheld the conviction of a man for sexually harassing a woman inside the city Metro train, and calling for measures to ensure the safety of women commuting on public transport.
Additional Sessions Judge Hargurvarinder Singh Jaggi dismissed the appeal filed by Mohd Tahir challenging his conviction under Sections 354 (assault or criminal force to a woman with intent to outrage modesty) and 354A (sexual harassment) of the erstwhile Indian Penal Code.
The court affirmed the conviction judgment dated May 24, 2025, and the sentencing order dated October 6, 2025, passed by Judicial Magistrate First-Class Chhaya Tyagi.
The court, in its order dated March 9, said that the prosecution successfully proved the case beyond a reasonable doubt before the trial court and the offence punishable under Section 354 of the IPC was made out.
Referring to the conviction judgment, it said, "This Court holds that there is neither any perversity in the impugned judgment passed by the Trial Court nor any merit in the appeal preferred by Mohd. Tahir."
The incident occurred on the evening of March 27, 2021, inside a Delhi Metro train on the Yellow Line between Saket and Hauz Khas stations, when Mohd. Tahir allegedly masturbated while standing next to the complainant and rubbed his hand on her shoulder despite her protesting verbally.
After she raised an alarm, fellow passengers eventually forced him to get off the train.
At the very beginning of the judgment, the court placed the case in the context of women's safety in public spaces, one day after International Women's Day was celebrated on March 8.
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," 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.
The court appreciated the trial court and other stakeholders in the criminal justice system for demonstrating their commitment to holding the perpetrator accountable.
The Trial Court, in its order on sentence, 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 court said.
The incident, which occurred on a moving metro, underscores the robust security measures and a swift, effective response mechanism in place within the metro system, the court said.
The court ordered that the appellant be taken into custody to serve the rest of the sentence imposed by the trial court.
