IMPORTANT POINTS
Section 354 I.P.C prescribes the punishment for outraging the modesty of a woman by an act of assault or use of criminal force. Inspite of the existence of the aforesaid provision in the Indian Penal Code, the legislature has incorporated Section 509 in it, making punishable even a verbal attack of insulting the modesty of a woman. The intention of the legislature is evident. Commission of acts, which may not necessarily involve even any physical advances or assault, is also made punishable under Section 509 I.P.C. Originally, the punishment prescribed for the offence under Section 509 I.P.C was simple imprisonment for a term which may extend to one year or fine or both. The punishment provided for the offence now stands enhanced to simple imprisonment for a term which may extend to three years with fine.

ORDER :

The petitioner is the sole accused in the case C.C.No.1768/2018 on the file of the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram.

2. The prosecution case is as follows:

On 12.07.2018, at about 21.30 hours, the de facto complainant, a lady aged 39 years, was proceeding to her house by walking through a public road. The accused followed her on a motorcycle. He approached her and invited her to accompany him on the motorcycle. He also made sexual gesture to her with his hand.

3. The case against the petitioner was registered on the basis of a written complaint made by the victim to the Sub Inspector of the local police station. After completing investigation, final report has been filed against the petitioner for an offence punishable under Section 509 I.P.C.

4. This petition is filed under Section 482 Cr.P.C for quashing Annexure-A first information report registered against the petitioner and also Annexure-B final report filed against him.

5. Heard learned counsel for the petitioner and also the learned Public Prosecutor.

6. Learned counsel for the petitioner has raised three grounds in support of the prayer for quashing the first information report as well as the final report against the petitioner. They are: (1) The allegations made against the petitioner in the first information report do not attract the offence punishable under Section 509 I.P.C. (2) The allegations raised against the petitioner in the final report do not disclose commission of an offence punishable under Section 509 I.P.C by him. (3) At any rate, the acts allegedly committed by the petitioner are trivial in nature and they come within the purview of Section 95 I.P.C.

7. Per contra, learned Public Prosecutor has submitted that the prosecution has produced sufficient materials to prove the allegations raised against the petitioner and that the final report filed against him discloses commission of an offence punishable under Section 509 I.P.C.

8. Section 509 of the Indian Penal Code provides that, whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

9. Utterance of any word or making of any sound or gesture by a person, intending to insult the modesty of a woman, attracts the offence punishable under Section 509 I.P.C, if such act was made intending that such word or sound shall be heard, or that such gesture shall be seen by such woman.

10. There is distinction between an act of merely insulting a woman and an act of insulting the modesty of a woman. In order to attract Section 509 I.P.C, merely insulting a woman is not sufficient. Insult to the modesty of a woman is an essential ingredient of an offence punishable under Section 509 I.P.C. The crux of the offence is the intention to insult the modesty of a woman.

11. Section 509 I.P.C criminalises a 'word, gesture or act intended to insult the modesty of a woman' and in order to establish this offence it is necessary to show that the modesty of a particular woman or a readily identifiable group of women has been insulted by a spoken word, gesture or physical act (See Khushboo v. Kanniammal : AIR 2010 SC 3196).

12. The essence of a woman's modesty is her sex. The modesty of an adult female is writ large on her body. Young or old, intelligent or imbecile, awake or sleeping, the woman possesses modesty (See State of Punjab v. Major Singh : AIR 1967 SC 63). Modesty is a virtue which attaches to a female owing to her sex (See Raju Pandurang Mahale v. State of Maharashtra : AIR 2004 SC 1677).

13. If the word uttered or the gesture made could be perceived as one which is capable of shocking the sense of decency of a woman, then it can be found that it is an act of insul