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1994 Supreme(Online)(Bom) 28

BOMBAY HIGH COURT
R. J. S. Tiwari, J
State of Maharashtra v. Manohar alias Manya Kanhaiya Bairagi


Advocates:
For the Appellants/Petitioners: Shri Kadam, Additional Public Prosecutor
For the Respondents: None

Table of Content
1. a woman's modesty is defined by her gender and immediate reactions are critical in assessing the accused's intent. (Para 1 , 2 , 11)
2. victim's testimony and evidence establish the surrounding circumstances that lead to the accusation. (Para 3 , 5 , 6)
3. court found the acquittal legally erroneous, ordered conviction and compensation to the victim. (Para 12 , 14 , 15)

1. The question in this appeal against acquittal by the State is as to whether the test of a woman's individual reaction to the act of the accused with regard to outraging of modesty is the test, or, that the essence of a woman's modesty is her sex. In the process, the question is as to whether the Court has to consider a woman's modesty as lying in her sex and exposing through her instantaneous reactions irrespective of the intention of the accused as regards the matter. Reaction of a woman instantaneously is very relevant together with the position that it is her sex that clothes with a born sense of modesty. In fact, these principles are laid down by the Supreme Court and even thereafter. They are to the effect that the body of a female of a tender age may be immature at a given point of time, but

















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