The Nagpur bench of the Bombay High Court noted while overturning the conviction of a 28-year-old man that passing a hand over the back and head of a young girl without any sexual purpose did not constitute outraging her modesty.
The case began in 2012, when the defendant, who was 18 at the time, was arrested on suspicion of insulting a 12-year-old girl’s modesty.
The victim claims that the accused touched her back and head while making the remark that she had matured.
The decision was reached on February 10 and became effective on March 13.
When overturning the conviction, a single bench of Judge Bharati Dangre said there was no sexual intent on the part of the defendant and that his words suggested he had known the victim as a youngster.
The purpose to offend a woman’s modesty is what matters most when trying to do so, according to this author. The accused did not go beyond what has been claimed, i.e., moving his hand over the victim’s head and back. This is not the case of the prosecution.
“Neither the 12- or 13-year-old victim talked of any malicious purpose on his behalf, but she attested that she felt awful or that he had done anything unpleasant that she found uncomfortable, “In the ruling, the court noted.
The HC additionally said that no evidence was presented by the prosecution to support the claim that the appellant specifically intended to insult the girl’s modesty.
“It is unclear how Section 354 has been invoked and even held to be proven, with the specific version that the victim was scared when the accused touched her on her back and said that she has grown up, in the absence of a specific intention being established by the prosecution to outrage the modesty, “The judge stated.
The accused’s statement unmistakably shows that he had first encountered her as a youngster and that she has since grown up, the bench said.
According to the prosecution, the appellant, who was 18 at the time, went to the victim’s home on March 15, 2012, while she was home alone, to deliver certain paperwork.
According to the prosecution, the girl became uneasy and yelled for assistance when he caressed her back and head and remarked that she had grown up.
The individual, who had been found guilty by the trial court and given a six-month prison term, had appealed the ruling to the HC.
The HC said in its decision that the trial court erred since the current instance looked to be an unplanned action without any sexual purpose.
