The Calcutta High Court held that addressing an unknown lady, whether a police constable or not, on the street by a man, drunken or not, with the word “darling” is patently offensive and the word used essentially a sexually coloured remark and using such expression to an unacquainted lady cannot but be an act intended to insult the modesty of the addressee.
Brief Facts:
A case was registered against the accused under Section 354A IPC, and Section 509 IPC after he allegedly used 'evidently reprehensible sexist expression' towards the lady constable in an inebriated state by saying "Kya darling challan karne aai hay kya?". The present petition was filed against the order of the trial court wherein the accused were found guilty.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that an independent witness belonging to the police force admitted that the accused had used the words in question by way of a joke and the demeanour and tenor would exclude the application of sections 354-A(1)(iv) and 509 of the Indian Penal Code and the victim herself deposed that she felt humiliated as she was in uniform. Further, it was submitted that the allegedly offensive word “darling” was not a sexually coloured lewd remark. It was a colloquial word commonly used in Indian society in conversations, movies and films and need not contain a sexual innuendo. Alternatively, and without admitting so even if it was assumed that there was a sexually coloured remark made, it could not be said that the same was done with the intention to commit insulting of modesty.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent submitted as follows. In the revision against acquittal, the scope of interference was very limited. The impugned orders were all well-reasoned. Considering the nature of the offence committed, adequate punishments had to be given. There was no proof of an earlier acquaintance that the appellant could have any justification to use such remarks. The prosecution was able to prove its case beyond a reasonable doubt.
Observations of the court:
The court stated that first, it has to be found out whether the evidently reprehensible and sexist expression “Kya darling challan karne aai hay kya” used by a purportedly drunken man against a lady police constable on duty on a festive night can attract convictions and sentences under sections 354-A and 509 of the Indian Penal Code and then referred to these sections and observed that this would necessarily involve a sexually oriented act and the inference would be the same that using such expression to an unacquainted lady cannot but be an act intended to insult the modesty of the addressee.
It was sttaed by the court that the prevailing standards in our society are not such that a man on the street can gleefully be permitted to use such expression in respect of unsuspecting, unacquainted women. It further stated that the remark being made jokingly would have no impact on the case, since the prosecution had established their case beyond reasonable doubt.
On the question of sentence, the court noted that since the appellant had stopped after making the remark, and did not aggravate the situation, the sentence imposed by the trial court could be relooked, and accordingly imposed a one-month sentence instead.
The decision of the Court:
The court affirmed the conviction imposed by the trial court and modified the sentence.
Case Title: Janak Ram vs. The State
Coram: Hon’ble Mr. Justice Jay Sengupta
Case No.: CRR/29/2023
Advocate for the Petitioner: Mr. Deep Chaim Kabir, Mr. S. Ajith Prasad
Advocate for the Respondent: Ms. A. S. Zinu
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