Moving hand over the back and head of a minor without any sexual intent can not be considered as outraging minor’s modesty, the Nagpur bench of Bombay HC said while refusing to convict a 28-year-old man in a case dating back to 2012. The 28 year old man, then 18 year, was booked for outraging the modesty of a minor for moving his hand on her back. While doing so, he had commented that she has now grown up.
Bombay HC quashes modesty outraging charges of a minor
A single bench of Justice Bharati Dangre said that the man doesn’t have any sexual intent and he only had seen victim as a child.
“In order to outrage the modesty of a woman, what is most important is having an intention to outrage the modesty. It is not the case of the prosecution that the accused did something more than what has been alleged, that is, moving his hand over the back and head of the victim.
“Neither the victim girl aged 12-13 years spoke of any bad intention on his part, but what she deposed is she felt bad or indicating some unpleasant act, which made her uncomfortable,” the judge said.
No solid evidences suggesting sexual intent
The HC further added that the prosecution could not come up with any solid evidences reflecting otherwise intentions of the convict.
“In absence of a specific intention being established by the prosecution to outrage the modesty, it is not understood as to how Section 354 has been invoked and even held to be proved, with the specific version that the victim was frightened at the accused touching her on her back and saying that she has grown up,” the court said.
The prosecution had claimed that the convict had visited victim’s house when she was alone to give her some document. He then touched her back and head and said that she has grown up. This made the girl comfortable who kept on shouting seeking for help.
The convicted man had filed in an appeal in the HC.
Keep watching our YouTube Channel ‘DNP INDIA’. Also, please subscribe and follow us on FACEBOOK, INSTAGRAM, and TWITTER.
