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Flying kisses, winks violates personal dignity of a woman: Court holds 62-year-old man guilty of sexual harassment

Rejecting these submissions, the court noted that the complainant had consistently stated during her examination-in-chief that the accused made lewd comments, threw money at her and made obscene gestures, including flying kisses and winking.

According to the prosecution, the case was registered based on a complaint filed by a woman on August 31, 2021, alleging that around 10.30 am on August 28, 2021, when she was sweeping outside her house, the accused approached her and began making obscene gestures.According to the prosecution, the case was registered based on a complaint filed by a woman on August 31, 2021, alleging that around 10.30 am on August 28, 2021, when she was sweeping outside her house, the accused approached her and began making obscene gestures.

Asserting that the act of flying kisses and winking of eyes is a form of non-verbal sexual harassment as it violates the personal dignity of a woman, a Chandigarh district court held a 62-year-old man guilty of sexual harassment for making obscene gestures, including flying kisses and winking, at a woman in 2021.

Chief Judicial Magistrate Sachin Yadav convicted Ashok Kumar under sections 354A (sexual harassment) and 509 (insulting the modesty of a woman) of the Indian Penal Code. The order was pronounced on January 28.

While convicting the accused, the court directed that Kumar be released on probation, subject to maintaining good behaviour and peace for a period of six months.

“The convict shall remain under the supervision of the Probation Officer during this period and shall come to receive sentence if so called,” the court ordered.

According to the prosecution, the case was registered based on a complaint filed by a woman on August 31, 2021, alleging that around 10.30 am on August 28, 2021, when she was sweeping outside her house, the accused approached her and began making obscene gestures. He allegedly threw a Rs 500 note towards her and molested her.

The complainant stated that when she protested, the accused fled. She further alleged that Kumar was intoxicated at the time and had indulged in similar behaviour earlier as well. Due to shame, she initially did not report the incident. When she later approached the accused’s family, she alleged that they quarreled with and abused her.

The defence denied the allegations, claiming that a quarrel broke out after the complainant swept garbage towards the accused’s house. It was argued that the Rs 500 note had accidentally fell off the accused’s pocket when he was buying ice cream for his grandson, and that there was no medical evidence to prove intoxication.

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Rejecting these submissions, the court noted that the complainant had consistently stated during her examination-in-chief that the accused made lewd comments, threw money at her and made obscene gestures, including flying kisses and winking.

The court observed that even the defence suggestion during cross-examination indicated that the accused had consumed liquor at the time of the incident.

The court held that “the act of flying kisses and winking of eyes is a form of non-verbal sexual harassment and squarely falls under Section 354A of the IPC, as it violates the personal dignity of the complainant”.

On the question of sentence, the court directed the accused to furnish a probation bond of Rs 20,000 and ordered him to pay Rs 10,000 as compensation to the complainant.

Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region. Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1. Legal & CBI Court Verdicts "12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013. "‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case. "Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification. 2. Investigative & Scams "CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus. "Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh. 3. Environment & Public Safety "Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities. "Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos. 4. Gangster Culture & Crime "City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules. "Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26. Signature Style Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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