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S. G. MEHARE
Manoj S/o Kaduba Nade – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.G. MEHARE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The accused has preferred this revision under Section 397 r/w 401 of the Criminal Procedure Code against the judgments and orders of conviction passed in R.C.C. No. 1490 of 2013 dated 09.01.2017 by the learned Judicial Magistrate First Class, Court No. 6, Aurangabad and confirmed in Criminal Appeal No. 25 of 2017 by the learned Additional Sessions Judge, Aurangabad by its judgment and order dated 28.02.2022.
3. The applicant has been convicted of the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year.
4. The case of the prosecution, in brief, was that the incident happened on 04.06.2013 at about 09.00 to 10.30 pm in front of the shop of the victim’s husband. Before the alleged incident, the applicant and other persons were sitting on the platform in front of the grocery shop of the victim’s husband. Since they were creating a mess, he asked them to get up and go. Thereafter, the petitioner said to her husband that they would not get up and they would get up after cutting him. Her husband told the incid
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
The court established that the intention to outrage a woman's modesty is crucial in determining guilt under Section 354 IPC.
The absence of independent witnesses does not negate the reliability of a victim's testimony, and minor discrepancies do not undermine the core of the case.
The importance of scrutinizing evidence from interested witnesses and exercising caution in reappreciating evidence during revisional jurisdiction.
The conviction under Section 354 IPC was set aside due to insufficient evidence of intent to outrage modesty, while the conviction under Section 323 IPC was modified to a lenient sentence.
The culpable intention of the accused and the reaction of the woman are crucial in determining the outrage of modesty, and early recognition, prevention, and intervention are crucial in safeguarding ....
The essence of a woman's modesty is her sex, and instant reaction is relevant in determining intent.
The central legal point established in the judgment is the analysis of the essential elements required to prove the charge under section 354 of the Indian Penal Code.
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