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Nizar, S/O Aliyarukunju – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent
ORDER :
MURALEE KRISHNA S., J.
The revision petitioner was the accused in C.C No.22 of 2008 on the file of the Judicial First Class Magistrate Court, Kayamkulam. He was convicted for the offences under Sections 323 and 354 of the Indian Penal Code (‘IPC’, in short) and sentenced to undergo simple imprisonment for one month and to pay fine of Rs.1,000/- under Section 323 of IPC and to undergo simple imprisonment for three months and to pay fine of Rs.1,000/- under Section 354 of IPC and in default of payment of fine to undergo simple imprisonment for one month each.
2. The appeal preferred by the petitioner was dismissed as per the judgment dated 8.11 2013 in Crl A No.326 of 2011 by the Additional Sessions Court-I, Mavelikkara.
3. Before the Trial Court, from the side of prosecution PWs 1 to 6 were examined and Exts P1 to P5 documents were marked. On closing the evidence of the prosecution, the petitioner was examined under Section 313(1)(b) of the Code of Criminal Procedure. He denied all the incriminating circumstances brought out against him in the prosecution evidence. DW1 was examined and Exts D1 to D12 documents were marked from the side of the petitioner.
4. The prosecution case,
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 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 mode....
The court held that the allegations of assault and outraging modesty were sufficient to proceed with a trial under Sections 323 and 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 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.
Conviction under SC/ST Act requires evidence of intent related to caste, which was lacking; guilty of IPC Section 354 for outraging modesty.
The court established that political protests do not justify claims of wrongful restraint or assault unless the essential ingredients of the offences are met.
The intention to outrage modesty under Section 354 IPC can only be determined after a full trial, especially when counter FIRs exist.
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