In a fresh twist in the Air India urination case, Delhi’s Patiala House Court on Monday, while reserving order on the bail plea of accused Shankar Mishra, noted that the statement of the victim and the witness (who was seated next to the victim) are contradictory.
“Aapke gavaah toh abhi hi aapke favour mein depose nahi kar rahe hain (Your witnesses are not deposing in your favour),” said Additional Sessions Judge (ASJ) Harjyot Singh Bhalla while referring to the statement of Ila Banerjee, the woman seated on seat 9C just next to the complainant on the New York-Delhi Air India flight.
During the course of hearing, the police told the court that due to the incident, India had been shamed globally. “It shows India in a bad light internationally,” the police told the court.
Senior advocate Ramesh Gupta, appearing for Mishra, told the court that the complaint was filed only because the complainant was aggrieved due to the partial refund given.
The judge also asked the police to explain how a case under Section 354 — assault or criminal force to woman with intent to outrage her modesty — is made out. The judge said the first step was to establish a case under Section 509 — word, gesture or act intended to insult the modesty of a woman — and later see if a graver offence under Section 354 was made out.
Responding to the court’s query, the police said: “It’s clear that he has outraged her modesty. He urinated on an elderly woman.”
To this, the judge remarked: “Exhibition of private parts can come under 509. Whether it’s a young woman or an old woman won’t be relevant in determining the offence in case of a sexual offence.”
ASJ Bhalla added: “It may be disgusting, that’s a different matter. You may be disgusted by an act, that’s different from the law. Let’s see how law deals with it. Section 354 is graver form of offence.”
The court will now pronounce its order on the bail plea on January 31.
Shankar Mishra, the man accused of urinating on an elderly woman co-passenger on an Air India flight, in his bail plea, has alleged that the complainant was suffering from urinary incontinence as the bed sheet she was provided with after the incident was reported to have remained wet, proving her health condition, according to the copy of the petition accessed by CNN-News18 on Friday.
Mishra is accused of walking up to the woman’s seat in the business class on an Air India New York-New Delhi flight on November 26 in an inebriated state, exposing himself and urinating on her. The Delhi Police had registered an FIR against Mishra on January 4 on the complaint of the victim woman. The plea has been filed through advocates Ishanee Sharma and Akshat Bajpai.
The DGCA this month imposed a penalty of Rs 30 lakh on Air India as well as suspended for three months the license of the pilot-in-command of the flight.
Air India also banned Mishra from its flights for a duration of four months. This four-month ban, applicable from January 18, is over and above the one-month ban implemented by the airline on December 20.
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