Shivani Thakur
Published on: April 5, 2022 at 06:35 IST
Metropolitan Magistrate VP Kedar dismissed the man’s Plea in which he claims that the act was not done by intentionally, but the commuter behind him had pushed him and he fell on the women, as a result his lips touching her cheek.
The Court said that a women has ability to know about man’s intention from his look and his touch.
“It is said that the women are far more perceptive than men, and this has given rise to what is commonly referred to as women’s intuition. Women have innate ability to pick up and decipher nonverbal signals as well as having an accurate eye for small details…… women knows a man’s intention when he touches her or look her.” The Court said.
There is no reason to doubt on the Statement of the Victim and Prosecution Witness 2 both of whom have given the Statement in one unison.
“Their Testimonies had gone unchallenged and remain unshaken. Mere suggestion that the incident occurred inadvertently does not come rescue of the Accused in absence of any further explanation or some material which could be acceptable.” The Court held.
The Court convicted Kiran Subraya Honavar, observing that this is an attack on the Victims dignity and has deserved Conviction under Section 354 of the Indian penal Code.
“The Prosecution by Direct, Cogent and Positive Evidence established that accused had kissed the informant on her right-side cheek. Thus, the circumstances coupled with clearly established the fact that the Accused had intentionally and with knowledge kissed the right cheek of the informant thereby outraging her modesty,” it stated.
The Court also noted that the man possessed a Distorted Mentality.
“The Provisions of Section 354 of IPC meant for public morality and to safeguard the decency of the women. His act created fear, annoyance in the mind of the informant. The act of accused caused impact on her mind breaking her confidence. The act of accused is nothing but an attack on her Personal Right, Individual Liberty and dignity of her person,” it observed.
A Mumbai Court sentenced the man one-year Rigorous Imprisonment along with fine of Rs. 10,000.
While the maximum Sentence of Offence under Section 354 is five year, but after taking into consideration that there was no previous Criminal Record against him, he was an earning member of his family.
Also Read- An Overview of IPC Section 354 (Burden of Proof in Outraging Women’s Modesty)