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The High Court of Kerala on Thursday refused to quash the women’s complaint against a man who was a complete stranger invited her to accompany him in his motorcycle. It is been said that the woman had lodged a complaint against the said man stating that the accused had offered her to accompany her in his bike and also made some ‘sexual gestures’ using his middle finger while she was walking in the road. The police had filed a FIR against the said person u/s 509 of Indian Penal Code. The single bench Justice Narayana Pisharadi dismissed the petition u/s 482 of Cr.P.C and also observed the commission of acts by the accused held that even though it did not involve under any physical assault, it is punishable u/s 509 of IPC.
The court observed that due to the allegation made by the victim woman the sexual gestures made by the accused was an intentional act which outrages the modesty of the victim lady. The woman also had mentioned that the accused was a complete stranger to the lady and there was no relation or friendship between both. The court vindicated the said act by the accused as he must have assumed the woman to be of easy virtue in nature and also said that this act is not trivial in nature. The court held such act as non-trivial because such act does not count as outraging modesty of the victim. In re Raju Pandurang Mahale v. State of Maharashtra the hon’ble SC held that “Modesty is a virtue attaches to the female owing to her sex.”
In refernce to this matter the court held that such an act done by the accused is non-trivial. Also held that if any word or gesture uttered or made by the accused which could have shocked the sense of decency of the woman, then such act shall be held as an insult to modesty of the woman. Thus, the court held such an act as a mere insult rather than insulting the modesty of the woman. Furthermore, it held that in order of the accused to attract the punishment u/s 509 of IPC outraging the modesty of the woman must be the main essential ingredient in the issue as IPC criminalises ‘word, gesture or act intended to insult the modesty of a woman.’
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