38.6c New Delhi, India, Saturday, May 18, 2024
Judiciary

Following & abusing woman will not come under outraging modesty of woman: Bombay HC [Read Order]

By Rintu Mariam Biju      02 January, 2024 03:32 PM      0 Comments
Following & abusing woman will not come under outraging modesty of woman: Bombay HC [Read Order]

Bombay: In a rather shocking ruling, the Bombay High Court held that following and abusing a woman will not attract the offence of Section 354 of the Indian Penal Code (Assault or criminal force to woman with intent to outrage her modesty). 

“As regards following and abusing P.W. 1, the said act cannot be said to be capable to shocking the sense of decency of a woman. The act may be annoying but definitely would not shock the sense of decency of a woman”, Justice Anil L Pansare observed. 

The case of the prosecution is that the accused/applicant had followed her couple of times and abused her. On the date of incident, while she was going to market, the applicant, who was following her on bicycle, pushed/shoved her. She got annoyed, however, she proceeded further. The applicant followed her and, therefore, she beat him. 

After finding sufficient evidence, the courts below convicted the applicant for offense under Section 354. Aggrieved, he moved a revision application before the High Court. 

Relying on of Raju Pandurang Mahale Vs. State of Maharashtra and another, Additional Public Prosecutor stated that the essential ingredients of offence under Section 354 of the IPC. 

The first is that, the assault must be on a woman. The second is that, the accused must have used criminal force on her and the third is that, criminal force must have been used on the woman intending to outrage her modesty.

In the case, the Supreme Court held that the ultimate test for ascertaining whether modesty has been outraged is to find out if the action of the offender could be perceived as capable of shocking the sense of decency of a woman.

The High Court noted the ultimate act to be considered is the act of pushing/shoving her while riding bicycle. According to the court, this is not an act capable of shocking the decency of a woman. 

“It is not the case of P.W. 1 that the applicant has touched her inappropriately or has given push at a specific part of her body which made her position embarrassing. The contact with the part of the body of P.W. 1 has been not stated by P.W. 1. In these circumstances, merely because the applicant has on bicycle given a push to P.W. 1, to my mind cannot be said to be an act which is capable of shocking the sense of decency of P.W. 1. The act may be offensive or annoying but cannot be said to be compromising the decency of a woman”. 

The Court also noted that except for the victim’s evidence, there is nothing else bring home the guilt of the applicant. 

“As stated earlier, her evidence is not sufficient to attract ingredients of Section 354 of the IPC. The prosecution therefore failed to prove the case beyond reasonable doubt.” 

Stating this, the Court reversed the order of the court’s below, stating, 

“The Courts below have committed error in not applying the law to the admitted facts and thus rendered incorrect findings. The applicant has, therefore, made out a case.”

 

[Read Order]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kedarnath Movie: Bombay High Court Dismisses PIL To Stay Release Kedarnath Movie: Bombay High Court Dismisses PIL To Stay Release

The Bombay High Court on December 6, 2018, dismissed a petition filed against upcoming movie Kedarnath seeking a direction to stay the release of the movie

Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband [Read Order] Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband [Read Order]

Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband || "It is open for the court to decide the application filed by the husband under Section 25 of the 1955 Act, seeking monthly maintenance, by way of final proceedings, pending which, the application for interim maintenance filed under Section 24 of the Act of 1955, has been rightly entertained by the learned Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending," she noted.

Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief

Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief || "There is something or the other going against every leader of the NCP, Congress and Shiv Sena... Prime Minister Narendra Modi has one thing in mind: he wants BJP rule from Kashmir to Kanyakumari, irrespective of the wishes of the people," Pawar said.

Salman Khan Approaches Bombay High Court Challenging Summons By  Lower Court Against Complaint of a Journalist Salman Khan Approaches Bombay High Court Challenging Summons By Lower Court Against Complaint of a Journalist

The magistrate court issues the process if it finds prima facie substance in the allegations made in the complaint. Once the process is issued, the accused persons have to appear before the court.

TRENDING NEWS

fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email