A session court has held that sending messages such as “you are slim, look very smart and fair, I like you” to an unfamiliar woman at night constitutes obscenity.

Additional Sessions Judge (Dindoshi) D.G. Dhoble made these observations while upholding the conviction of a man for sending obscene messages on WhatsApp to a former corporator.  

In the order dated February 18, the court emphasized that obscenity must be assessed from the perspective of an “average person applying contemporary community standards.”  

The court noted that the accused had sent pictures and messages to the complainant between 11 p.m. and 12:30 a.m., with content such as “you are slim,” “you are looking very smart,” “you are fair,” “my age is 40 years,” “are you married or not?” and “I like you.”

The court observed that no married woman or her husband, particularly those who are "reputed and (former) corporators," would tolerate such WhatsApp messages and obscene photos, especially when the sender and the complainant were strangers.  

It further noted that the accused failed to present any evidence of an existing relationship between him and the complainant.  

The judge ruled that the messages and actions amounted to an insult to the modesty of a woman.  

Previously, a magistrate court had convicted the accused in 2022, sentencing him to three months of imprisonment. He later challenged the verdict in the sessions court.  

Among his arguments, the accused claimed he had been falsely implicated due to political rivalry. However, the court dismissed this claim, stating that it lacked supporting evidence.  

"Furthermore, no woman would stake her dignity by falsely implicating an accused in such a case," the court observed.  

The sessions court upheld the trial court’s ruling, affirming that the prosecution had successfully proven the accused sent obscene WhatsApp messages and images to the complainant. "Therefore, the accused has been rightly convicted and sentenced by the magistrate court," the judge concluded.