In a notable judgment, a Lucknow court has sentenced lawyer Abhay Pratap to three years in prison and imposed a fine of ₹61,000 for sending obscene messages to a woman judge. The case, titled State of U.P V/s Abhay Pratap, saw the Special Chief Judicial Magistrate (Custom) convict Pratap under multiple sections of the Indian Penal Code and the Information Technology Act.
Pratap faced charges under IPC sections 354, 354D, 506, 352, and 353, which deal with assault, stalking, criminal intimidation, and assault on a public servant to deter them from their duty. Additionally, he was charged under Section 67 of the Information Technology Act, which addresses the publication or transmission of obscene material in electronic form.
The court’s decision emphasized that physical contact is not required for an offense under Section 354 IPC. The judgment highlighted the significant impact of digital communication and persistent harassment on a woman’s sense of security and dignity.
The complaint, filed in 2022, accused Pratap, a lawyer based in Maharajganj, of stalking and harassing the judicial officer through unsolicited messages on Facebook and inappropriate text messages. The harassment reportedly escalated to physical intimidation near her court chambers.
Throughout the trial, Pratap denied the allegations, attributing them to previous disputes with the victim. He also challenged the victim’s credibility and pointed out procedural lapses in evidence collection. Despite his defenses, he was found guilty on all counts.
The court’s statement detailed the gravity of the offense, noting, “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 his duty by sending obscene text messages to the plaintiff through electronic messages on Facebook Messenger and CUG mobile.”
