LI Network
Published on: January 3, 2024 at 15:15 IST
The Nagpur Bench of the Bombay High Court ruled that following a woman, even coupled with abusive behavior, may not constitute an offense under Section 354 of the IPC, emphasizing that these acts, while annoying, may not necessarily shock a woman’s sense of decency.
In a recent judgment, Justice Anil L. Pansare acquitted Mohammed Ejaj Shaikh Ismail, overturning his conviction under Section 354 of the IPC, relating to the use of criminal force on a woman with an intent to outrage her modesty.
The case revolved around an incident where a college student accused Ismail of following her on a bicycle and pushing her while she was on her way to the market. She alleged that this behavior was recurring.
Citing the Supreme Court’s interpretation of Section 354 IPC, Justice Pansare highlighted that the offense requires specific criteria to be met: the assault must be on a woman, involving criminal force intended to outrage her modesty.
The Court noted the absence of explicit details in the complainant’s statement regarding the inappropriate touch or specific intent to outrage her modesty.
While acknowledging the complainant’s statement, the Court emphasized the lack of substantial evidence beyond her words to establish the accused’s guilt.
The judge ruled that the act, while offensive, didn’t meet the threshold required to shock a woman’s sense of decency as mandated by Section 354 IPC.
Consequently, the Court set aside the lower courts’ orders, overturning Ismail’s conviction and acquitting him of the charges.
The Court also noted an error in the Sessions Court’s decision to suspend the sentence, which was beyond its jurisdiction and rendered moot following Ismail’s acquittal.
