In a recent judgment, a Kerala Court said that mere physical contact and threats without any lustful intention do not constitute the offence of outraging the modesty of a woman under Section 354 of the Indian Penal Code (IPC). The case in question involved an incident from 2013, where a woman was praying at a temple when the accused held her hand and threatened her.
The court presided over by Judicial First Class Magistrate-II judge Santosh TK, stressed that for an offence under Section 354 IPC to be established, there must be a culpable intention on the part of the accused to outrage the modesty of the victim woman. Holding the woman's hand and issuing threats without any indecent words or intentions of satisfying lust does not qualify as an offence under this section.
Based on the statements and evidence presented, the judge concluded that the accused did not have any intention to outrage the woman's modesty during the incident. Consequently, the charge under Section 354 IPC against the accused was quashed.
However, the court found the accused liable for criminal intimidation under Section 506 (1) of the IPC for threatening to kill the woman with an intent to cause alarm. As a result, the accused was sentenced to two-month simple imprisonment and fined a mere ₹5,000.
The judgment highlights the importance of proving a culpable intention to outrage modesty in cases under Section 354 IPC. While addressing criminal intimidation, it sets a precedent for cases where mere physical contact without a lascivious intent is involved.
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