A Delhi court has upheld a man's conviction and one year jail term for molesting a woman travelling in his cab here, saying his contention that she was drunk did not "vitiate her testimony".
Additional Sessions Judge (ASJ) Ina Malhotra dismissed the appeal of Hoshiyar Singh, cab driver, against a magisterial court's order convicting and sentencing him to one year jail for the offence of molestation under section 354 of the IPC.
"The testimony of the woman recorded in court is clear and categorical which leaves no scope of any doubt about the incident.
"In an offence as alleged, there can be no MLC (medico- legal case) to corroborate the allegations and the factum of the complainant returning from a party after having some alcohol does not vitiate her testimony and is neither against the law," the ASJ said.
The magisterial court had sentenced Singh to one year jail and had imposed a fine of Rs 1,000 for molesting a woman in his cab who was returning to a hotel with her friends in New Friends Colony here.
Singh, in his appeal, contended that the woman was drunk and there was a discrepancy in the time alleged by her and the other witnesses. His contentions were rejected by the sessions judge.
The woman had lodged the complaint against Singh, that on early morning on November 29, 2010, while she was returning to her hotel with her friends in a cab, the driver touched her on the pretext of changing the gear.
The woman, who was sitting on the front seat, then told her friends about the act and asked Singh to stop the car but he stopped only after repeated requests, the complaint had said.
