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P.S.GOPINATHAN
Gigi – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
Key Points: - The court examines whether there was intention to outrage the modesty of PW1 for applicability of Section 354 IPC. (!) - The court finds there is cogent evidence of assault plus tearing of the blouse, and reasons about intention to outrage modesty, upholding conviction under Section 354 IPC and acquitting under Section 341 IPC. (!) (!) - The revision petition is allowed in part: conviction sustained, sentence for Section 354 IPC reduced to simple imprisonment for two weeks, fine of Rs. 5,000 with default three months, and existing fines under Section 323 IPC and compensation provisions upheld. (!) (!) - The accused is directed to surrender for execution of sentence; default provisions for non-payment of fine apply. (!)
P.S. Gopinathan, J.
1. The Sub Inspector of Police, Ramankary Police Station, in Crime No.76 of 1996, prosecuted the revision petitioner before the Judicial Magistrate of the 1st Class, Ramankary, accusing offences under Sections 341, 323, and 354 IPC with an allegation that at 11 a.m., on 15.9.1996, the revision petitioner wrongfully restrained the defacto complainant at Cherikalakam padasekharam. She was caught at her hands, slapped at face, fisted on back and kicked on the stomach. When the defacto complainant attempted to run away she was caught at her blouse and the blouse was torn.
2. The revision petitioner pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, PWs 1 to 6 were examined. Exts.P1 to P5 were marked. When questioned under Section 313 of the Code of Criminal Procedure, he denied the incriminating evidence and further stated that the vegetation of the revision petitioner was destroyed by the goats of the defacto complainant, who was examined as PW1. When he drove away the goats, PW1 and another assaulted him and that the case was falsely foisted against him. However, no defence evidence was let in. The learned Magistrate,
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