Ambika Bhardwaj
Published On: December 27, 2021 at 17:19 IST
Bombay High Court’s Aurangabad Bench recently ruled that touching any part of a woman’s body without her permission, especially late at night, equates to outraging her Modesty, which is punishable under Section 354 of the Indian Penal Code (IPC).
In an Appeal made by Parmeshwar Dhage, who was Sentenced to a year in Prison by the Trial Court for touching a woman’s feet while she was sleeping. “Touching any part of a woman’s body without her consent, especially at a late hour of the night,” the Court stated, “equates to an infringement of a woman’s Modesty.”
It also relied on Precedents to hold that the final test for determining if a woman’s Modesty has been violated is whether a conduct could be regarded as “one capable of shocking a sense of decency of a woman.”
In this Case, the Court observed that the Accused was seated at the Victim’s feet on her cot and had tried to touch her feet.
According to the Plaintiff, on July 4, she and her grandmother-in-law were at residence while her husband was away. The Accused, a neighbour, had arrived at her residence around 8 p.m. and inquired regarding her husband. At this point, the complainant informed that her husband would not be returning home for the night.
Later, the Plaintiff went to sleep after closing the main door but without bolting the door to her room. Throughout the Trial, the accused was in complete denial. The Accused asserted that he was not available at the scene of the Crime.
The Defence argued that because the lady and her grandmother-in-law were alone in the house, the ladies would normally bolt the door from inside, and because they did not, it implied that the Accused entered with consent.
Finally, it was argued that the Accused had simply attempted to touch the woman’s feet and had no sexual intent.
The Trial Court found him Guilty of violating Sections 451 (house trespass) and 354A (sexual harassment) of the IPC and convicted him to one year in Prison.