लेखक : उन्मेष गुजराथी
18 Jul, 2022
A 54-year-old mom of two grown up children was allegedly molested physically in full public view by Manish Jain, the chairman of her South Mumbai-based housing society in 2019.
Two years have passed, but allegedly the lady is still under extreme social pressure of all sorts, including social suffocation and social boycott by residents of her housing society, in order to force her to withdraw a police complaint she had filed against her alleged molester, Manish Jain.The N M Joshi Marg police station failed to register a proper case against her alleged molester Manish Jain, who is suspected to have played at least a behind the scenes role in presenting her with a packet of contraceptive condoms in public. Allegedly, the packet of condoms was gifted to the lady openly at a public function without any sort of gift wrapping, during a party organised at the housing society premises on April 5, 2019.
Despite this, the N M Joshi Marg police station did not even bother to mention the word ‘condom’ in the diluted non-cognisable offence it registered after the lady filed a police complaint. This is because mentioning the word ‘condom’ clearly in the complaint registered would have attracted Section 354 of the Indian Penal Code which is far more stringent.
As per Section 354 of the Indian Penal Code, “whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”. Besides, Section 354 is a cognisable as well as a non-bailable offense as well.
The N M Joshi Marg police station where the lady filed her complaint chose to use the word ‘Nirodh’ in Marathi. The police seem to have very conveniently avoided or omitted using the word ‘condom’ in the highly diluted non-cognisable offence registered in response to the lady’s police complaint against her alleged molester, Manish Jain.
The very first incident happened on April 5, 2019, where the 54-year-old lady was gifted with a packet of condoms without any gift packing. Later on, on April 7, 2019, after the lady complained to a senior official of the housing society called Anil Sanghvi, the secretary of the housing society’s provisional managing committee, Singhvi took no action at all. No effort was made to apologise to the lady, despite earlier assurances to do so.
Instead, on the night of June 8, 2019, the lady was invited to a get together by one Subhash Kedia and a few residents. These residents allegedly asked the lady to withdraw the police complaint filed against her alleged molester Manish Jain. Allegedly, the lady was told by these residents that she would find it difficult to live in the housing society, unless she withdrew her police complaint filed against her alleged molester Manish Jain, the chairman of the housing society.
When the lady tried to leave the venue that night, some housing society residents allegedly blocked her way after which she saw a drunken Manish Jain approaching her. Allegedly, her molester Manish Jain who was drunk sang the Hindi song Abhi Na Jao Chodkar, Abhi Dil Bhara Nahi which roughly translates as “Don’t leave me so soon, when my heart is still yearning for you”.
Allegedly, the drunk housing society chairman Manish Jain grabbed the lady in full public view at 1.50 AM past midnight, forcibly groped her back and molested her. As per case documents, the shocked lady who tried to push away her alleged molester Manish Jain, somehow removed one of her sandals from her legs and hit Manish Jain with it, before she left the venue.
On June 12, 2019, the lady was shocked to receive a letter sent to her through an advocate of the housing society, that residents have several complaints against her. Allegedly, this letter contained only fabricated, baseless and false charges. The letter completely omitted any reference to her alleged molestation.
On June 13, 2019, the lady approached the police station and filed a complaint. The matter is now in court.
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