In a significant verdict, a Lucknow court has sentenced lawyer Abhay Pratap to three years in jail and imposed a fine of ₹61,000 for stalking and harassing a female judicial officer through obscene messages. The Special Chief Judicial Magistrate (Custom) found Pratap guilty under multiple provisions of the Indian Penal Code (IPC) and the Information Technology Act, underscoring the gravity of his actions.
Court’s Observations on Digital Harassment
The Court ruled that physical contact is not a necessary element for an offence under Section 354 IPC, emphasizing that “influencing a woman’s sense of security or dignity through digital communication or persistent harassment is equally culpable.” The judgment highlighted how the accused’s actions had a profound impact on the victim’s mental well-being.
Pratap was convicted under Sections 354 (assault or criminal force to outrage modesty), 354D (stalking), 506 (criminal intimidation), 352 (use of criminal force), and 353 (obstruction of a public servant from duty) of the IPC, along with Section 67 of the IT Act for transmitting obscene material electronically.
Persistent Harassment Escalated to Physical Intimidation
The case dates back to 2022 when the victim, a judicial officer, lodged a complaint alleging that Pratap, a lawyer from Maharajganj, had been sending unsolicited messages on Facebook and inappropriate texts, including declarations of love. The harassment reportedly escalated, with Pratap allegedly approaching the victim near her court chamber, leading to further intimidation.
Accused’s Defense Rejected by Court
During the trial, Pratap denied the allegations, claiming he was falsely implicated due to past disputes with the victim. He also questioned procedural aspects of evidence collection. However, the Court found him guilty on all counts.
In its strongly worded order, the Court stated:
“The accused, Abhay Pratap, with the intention of outraging the modesty of the plaintiff, has committed the crime of attacking and using criminal force to scare a public servant from discharging her duty by sending obscene text messages through electronic means… The crime is of serious nature. The plaintiff is a judicial officer, and the accused is a learned advocate. After hearing the evidence, the Court finds it justified to impose a more severe punishment.”
Case Transferred by Allahabad High Court
Initially filed in the Maharajganj district court, the case was later transferred to Lucknow by the Allahabad High Court. The verdict sends a strong message against digital harassment and highlights the judiciary’s commitment to protecting women, particularly those in public service, from such offenses.
Case: State of U.P vs Abhay Pratap – Available on LAWFYI.IO
