IMPORTANT POINT
The main legal point established in the judgment is the interpretation of Section 354 of the Indian Penal Code, emphasizing the elements required to prove the charge and the essence of a woman's modesty.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against a Judgment and Order of conviction/sentence dated 11th April 2019 passed by the Judge, Bench-1, City Session Court, Calcutta in connection with Criminal Appeal No. 86 of 2014 which is arising out of Burrabazar Police Station Case No. 160 of 2013 dated 25.03.2013 under Section 354 of IPC which corresponds to G.R. No. 1004 of 2013 and thereby up held the order and judgment of the Learned Metropolitan Magistrate, 21st Court, Calcutta.

2. The petitioner’s case is that he was put on trial before the Learned Metropolitan Magistrate, 21st Court, Kolkata (hereinafter referred to as the Learned Magistrate), to answer the charge framed for the commission of offence punishable under Section 354 of the Indian Penal Code.

3. The prosecution case is as follows:-

i) That the victim a South Korean Lady, on 25th March, 2013, at about 6.30 hrs. when she got up into the bus, of route no. 12D from Thakurpukur, then a group of 15/20 persons also got up into the bus and one person of the said group outraged the modesty of the victim by touching her breast several times in spite of repeated warning. After that time victim got down on the Strand Road at the crossing of Raja Woodmound Street and the said boy and his group tried to flee away from there but they were intercepted by police and then he disclosed his identity as Sujit Mondal. In the meantime, police from Burrabazar Police Station arrived at the spot and the complaint was lodged against the present Petitioner.

ii) On the basis of the aforesaid complaint Burrabazar Police Station Case No. 160/2013, dated 25.03.2013, alleging commission of offences punishable under Sections 354 of the Indian Penal Code was registered against the Petitioners and after completion of the investigation, the Investigating Agency submitted Charge Sheet in final form under Section 354 of the Indian Penal Code against the Petitioner.

4. On completion of trial, the petitioner was convicted vide judgment and order dated 07.08.2014 passed by the Learned Metropolitan Magistrate, 21st Court, Kolkata and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs. 2000/- and in default thereof he shall be liable to undergo further imprisonment of 15 days for the commission of offence punishable under Section 354 of the Indian Penal Code.

5. The petitioner preferred an appeal against the judgment and order passed by the Learned Magistrate, before the Learned Chief Judge, City Sessions Court which was registered as Criminal Appeal No. 86 of 2014. The Learned Judge after hearing the Learned Advocates of the respective parties was pleased to uphold the judgment and order of the Learned Magistrate.

6. Hence the revision.

7. During trial the prosecution examined 12 witnesses including the victim.

8. Documents, including the written complaint (Exhibit 1 series) and the statement of the victim under Section 164 Cr.P.C. (Exhibit 3 Series) have been proved.

9. The victim as prosecution witness (P.W.1) has clearly stated on oath as follows:-

“She came to India for her computer studies from her country South Korea. She has further stated that on 25th March, 2013 at about 6.30AM she was standing with her elder sister and two others at 3A Bus Stand at Thakurpukur for going to Burrabazar to purchase flowers. After some time a bus of route no. 12D came and as there was crowd at the bus stand, one person from behind touched her chest and she removed the hand. Again the person put his hand on her chest. When she got into the bus, the person also boarded into the bus. She has also stated that those persons were speaking about her from behind and were passing bad remarks and were disturbing her in the bus from Thakupukur to Burrabazar. When she got down at Burrabazar bus stand, her friend Bandana called the police and the matter was informed to police. After that another person in plain cloth came and took them to Burrabazar.”

10. P.W. 2 and P.W. 3 have