The Nagpur Bench of the Bombay High Court held that throwing a chit made of paper at a married woman with the objective of expressing love for her is a sheer case of outraging modesty under Section 354 and 509 of the Indian Penal Code.
Justice, Rohit B Deo observed that the modesty of a woman is her “most precious jewel” while maintaining that there cannot be a straight jacket formula to determine that whether the modesty of the woman has been outraged or not. The order was passed pursuant to a revision petition by the applicant- accused Shrikrushan against a judgment pronounced by a Judicial Magistrate, Akola on June 21 holding him guilty of offence punishable under Section 354 of the Indian Penal Code.
The magistrate had sentenced him to rigorous imprisonment of 2 years and also imposed a fine of Rs. 10,000. The allegation was that the accused, a grocery shop owner approached Mr. S while she was washing utensils and handed her a chit. On refusing to accept the chit the applicant threw the chit at her and left whispering “I love you”.
Mr. S also alleged the accused of making obscene gestures and threatening her to not disclose the content of the chit to anybody. Further, the accused was alleged of throwing pebbles at the complainant and of flirting with her. Aggrieved by the constant harassment, Mr. S lodged a police complaint, and the same was registered under Sections 354 or criminal force to woman with intent to outrage her modesty, 506 and 509 or act intended to insult the modesty of a woman of the Indian Penal Code.
Case of the Applicant
At the time of trial, the applicant argued that the complaint lodged by Mr. S was false and otherwise motivated as she had purchased groceries on credit was not inclined to pay the amount due. However, the Magistrate found the applicant guilty under Section 354,506 and 509.
Observation of the Court
The High Court found the conviction under Section 506 unsustainable for the lack of material on record, except a bald general statement that some threat was issued. However, the Court found that the view taken with respect to the charges under Sections 354 and 509 was plausible and observed that there was no reason for the Court to disbelieve the evidence put forth by Mr. S in that regard.
“The evidence of Mrs. S that the applicant used to flirt, make gestures like pouting of lips, on occasions used to hit her with small pebbles is confidence-inspiring and in the exercise of revisional jurisdiction. I would be loath to disagree with the concurrent findings of Courts below based on the appreciation of evidence on record.”
Despite upholding the conviction, the Court observed that the applicant deserves a chance to reform and further incarceration would be of no avail. Therefore, the sentence was modified to the period of 45 days already gone. The Court also directed the trial court to ensure that the victim is made aware of the judgment and the enhanced fine is paid to her.
The matter is listed for compliance after three weeks.
Case Details
Before: Bombay High Court
Case Title: S v. State of Maharashtra
Coram: Hon’ble Mr. Justice Rohit B Deo
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