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The conduct of the girl shows that in fact her modesty was not outraged.
The applicant has been rightly convicted under section 354 and 342, Penal Code. Could it be said that the legislature intended that the doing of any act to or in the presence of any woman which according to the common notions of mankind is suggestive of sex, would be outside this section unless the woman herself felt that it outraged her modesty? C.63)Justice Mudholkar unhesitatingly declared that “Under s.
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Before proceeding further, let us go through the basic definition of ‘outrage’, ’women’ and modesty. Whereas "modesty" is not defined in the Indian Penal Code, however it means "womanly propriety of behavior, scrupulous chastity of thought, speech and conduct (in men or women) reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions"( Oxford English Dictionary,1933 Edn.)-For historical background you may see “Girdhar Gopal who was a Pujari of a mandir caught hold of young girl named Saroj (nine years old) took her to his house on the pretext of giving Prasad to her and when she was inside, he closed the door of room, made her lie on a bed, put a covering on her and then sat upon her, became naked and asked Saroj to removed all her clothes”. (1912(14) Bom L R 961) "The accused took off a girl’s clothes, threw her on the ground and then set down beside her”. “The petitioner (Bhartu) Cought holds of her, threw her down, put sand in her mouth, got on her chest, and attempted to have intercourse with her”. “The only evidence was that he removed his clothes and showed his private parts to the lady”. When all are hand-in-glove, nobody dare to bare and open the cupboards containing the skeletons of self incriminating evidences. Sarkar ,the then Chief Justice of India, in his dissenting judgment, ‘too innocently’ replied “I do not think a reasonable man would say that a female child of seven and a half months is possessed of womanly modesty.
Section 354 of the Indian Panel Code, 1860 has provided "Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will 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". (AIR 1933 Lahore 1002) “Then he (Sobha Ram) removed the ‘salwar’ of the girl and himself became naked before her. Deep rooted gender bias has found transparent expression in judgments with unwarranted and undue sympathy with the offenders while acquitting, reducing the sentence, giving benefit of doubt, releasing on Probation or imposing fine only. If she had not, there could be no question of the respondent having intended to outrage her modesty or having known that his act was likely to have that result.