Capoor, J.

1. The question referred to the Full Bench Is as follows:

"Whether the appellant having fingered the private parts of Balvinder, a girl of 71/2 months, causing injury to those parts, has or has not committed an offence under Section 354 of the Penal Code?"

2. Section 354 of the Indian Penal Code Is in these words:-

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"Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he win thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both".

3. The definition of "woman" as given in Section 10 of the Code is as follows:

"The word woman denotes a female human being of any age."

4. The use of criminal force per se Is punishable under Section 350 of the Indian Penal Code and the commission of assault under Section 351, Indian Penal Code. Section 354 is an aggravated form of assault or the use of criminal force and the aggravating element consists of the intention of the accused to outrage the modesty of the woman or his knowledge that he will thereby outrage her modesty.

5. As mentioned in the referring order, there are two