1. Sarasamma, a woman aged thirty seven and mother of three children, complained that the accused had misbehaved towards her, showed some gesticulations with intent to outrage her modesty and assaulted her by holding her hand in his grip. The trial magistrate convicted the accused for the offences under S.354 and 509 of the Indian Penal Code and sentenced him to different terms of imprisonment under each count. On appeal the Sessions Court set aside the conviction and sentence and hence the State has preferred this appeal with special leave granted.

2. Sarasamma, on the date of occurrence, was a member of the staff attached to the Iritty Branch of M/s. Aditya Finance and Investments Limited. When the office work was over on the day, she went to the Iritty bus stand to catch bus to go home. While she was talking with the manager of her office (who too came there to board the bus) the accused went near her and winked his eyes at her and beckoned her with hands and also exhibited some prankish gesticulations. (The evidence shows that the accused bad displayed such prankishness to some other ladies at the same bus station on earlier occasions). Sarasamma got stunned and she