Intent to outrage a woman's modesty can be assessed based on the context of actions taken, regardless of the incident's privacy.

JUDGMENT

Dated this the 03rd day of July, 2023 The appellants are accused Nos. 1 to 3 in Crime No.314 of 2023 registered at the Kakkur Police Station for the offences punishable under Sections 452 , 323, 324, 354, 294(b) and 506 read with Section 34 of the I.P.C. and Sections 3(1)(s) and (3)(2)(va) of the SC/ST (POA) Act. The crime is registered on the allegation that, on 29.05.2022, at about 9.pm the appellants along with the 4th accused trespassed into the residence of the defacto complainant, armed with deadly weapons like iron rod, idikkatta and assaulted the defacto complainant and her husband and abused them by caste. There is a further allegation that an attempt was made to disrobe the defacto complainant.

2. Learned Counsel for the appellants contended that, even if the prosecution allegations are accepted in their entirety, the alleged offences are not made out, since the incident was not occur within public view and the attempt to disrobe was not with intention to outrage the defacto complainant’s modesty.

3. Learned Public Prosecutor submitted that the question whether the defacto complainant was attempted to be disrobed, with the intention of outraging her modesty, cannot be considered at this stage. Moreover, the allegation is that the appellants, along with the 4th accused, trespassed into the house and assaulted, intimidated and insulted the defacto complainant and her husband.

4. I find some merit in the contention that the offence under Section 3(1)(s) is not attracted, since the incident took place inside the defacto complainant’s house. The contention that there was no intention to outrage the defacto complainant’s modesty, cannot be accepted at this stage, as there is an allegation that attempt was made to disrobe the defacto complainant. Being so, it is not possible to hold that the offence under Section 3(2)(va) of the SC/ST (POA) Act is not attracted. Even then, considering the nature of allegations, the appellants can be permitted to surrender before the investigating ofÏcer. The Criminal Appeal is hence disposed of with the following directions;

(i) The appellants are permitted to surrender before the investigating ofÏcer within two weeks. On surrender, the appellants shall be interrogated and produced before the special court, the same day. The investigating ofÏcer shall inform the defacto complainant regarding production of the appellants in court.

(ii) The appellants can move applications for bail as and when they are produced in Court. In such event, the bail applications shall be considered and appropriate orders passed, preferably on the same day itself.