A sessions court in Mumbai convicted and sentenced 34-year-old cleaner Ritesh Armulla to one year of rigorous imprisonment after dismissing his defense that he accidentally slipped and fell onto a saleswoman at a Borivli West mall before forcibly kissing her twice last year, according to court documents.
Trial Details and Court Findings on the Borivli Mall Incident
The trial lasted only two months, during which Additional Sessions Judge P.A. Sane found Armulla guilty of using criminal force and making unwelcome physical contact with explicit sexual overtures. According to the prosecution, the incident occurred on September 17, 2025, at around 6 pm. The victim, a sales girl at the mall, was walking towards billing counter number 6 after taking a cold drink bottle when a man in a pink shirt approached her to ask for the washroom. The victim stated that the accused followed her, knocked against her, and forcibly kissed her before causing her to fall and kissing her again.
“Even for the sake of argument, if it is considered a person slipped and fell on another person, the natural reaction would be different from the person kissing the person on whom he fell,” the judge stated in the ruling. The court held that the victim’s evidence was convincing and not disbelievable, noting that she did not know the accused prior to the incident and had no reason to falsely involve him.
Legal Charges Under the Bharatiya Nyaya Sanhita
The offenses were prosecuted under Sections 74 and 75 of the Bharatiya Nyaya Sanhita. Section 75 deals with sexual harassment, whereas Section 74 pertains to assault or the application of criminal force against a woman with the intent—or knowledge that it is likely—to outrage her modesty. This case marks one of the few convictions recorded since the Bharatiya Nyaya Sanhita replaced the Indian Penal Code.
The court sentenced Armulla to one year of rigorous imprisonment alongside a fine of Rs 1,000 under Section 74, and one year of simple imprisonment with a fine of Rs 500 under Section 75, with both sentences ordered to run concurrently. The defense had questioned the proof of the CCTV footage, the absence of a hash value, and the lack of intent, arguing that any contact was accidental. However, the court found the oral testimony sufficient and granted a set-off for the custody Armulla had already undergone since his arrest.
Did You Know? This prosecution represents one of the early convictions recorded under the Bharatiya Nyaya Sanhita since it replaced the Indian Penal Code, following a swift trial that concluded in just two months.
Prosecution Evidence and Case Timeline
Police arrested Armulla on the same day as the incident after mall staff and other individuals caught him at the scene. An FIR was lodged immediately, followed by a spot panchnama, recorded statements, and the collection of CCTV footage. The chargesheet was filed on November 11, 2025, and formal charges were framed on July 4, 2026.
The prosecution’s case was built upon testimonies from a mall employee connected to the CCTV footage, the investigating officer, an eyewitness, and the victim herself during the proceedings. The victim positively identified Armulla in court, and the eyewitness corroborated her account.
Frequently Asked Questions
What sections of the law were applied in this case?
The accused was convicted under Section 74 for assault or use of criminal force against a woman with intent to outrage her modesty, and Section 75 for sexual harassment under the Bharatiya Nyaya Sanhita.
What sentence did the court hand down?
The court sentenced Ritesh Armulla to one year of rigorous imprisonment with a fine of Rs 1,000 under Section 74, and one year of simple imprisonment with a fine of Rs 500 under Section 75, with both sentences running concurrently.
How long did the trial last?
The trial lasted for only two months, culminating in the conviction by Additional Sessions Judge P.A. Sane.
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