Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai: In a case filed against the accused for offences punishable under Section 324, 354, 504, 509 of the Penal Code, 1860, M.V. Chavhan, J., acquitted the accused of the offences punishable under section 324, 504 and 509 of IPC and convicted of the offences punishable under section 323 and 354 IPC.
The informant has alleged that the accused used to abuse in vernacular language. It was further alleged that the accused has thrown chappal at her and has also tore the nighty gown of the informant. Thus, FIR was registered.
The Court noted that to fulfill the ingredients of Section 324 IPC, the first and foremost ingredient is that the hurt as contemplated should be caused by dangerous weapon or means and chappal, in the instant case does not falls under the ambit or category of dangerous weapon or means. Therefore, it cannot be said that section 324 IPC is attracted but the minor offence i.e. offence under section 323 IPC is very well attracted. The material placed on record is sufficient to believe the fact that, on the given spot of incident, the accused voluntarily caused hurt to the informant by assaulting her.
As far as Section 354 IPC is concerned, the Court observed that in order to constitute an offence under section 354 IPC, there must be an assault or use of criminal force to any woman with the intention or knowledge that the woman’s modesty will be outraged. The offence under section 354 IPC can be committed by any man or a woman with the necessary intent or knowledge.
The Court further noted that if evidence of informant and two witnesses are minutely perused, then it is very well established that the incident as stated by informant is actually taken place. Thus, the prosecution has proved that, the accused on relevant date, time and place, assaulted the informant and torn her nightie.
Keeping the facts in mind, that when accused torn her nightie, men were standing there and she felt ashamed of the said incident, thus, the act of accused is clearly covered under the definition of assault under Section 351 of IPC, because, mere gesture also amounts to assault.
Thus, the Court sentenced the accused to suffer rigorous imprisonment for three months and to pay fine of Rs. 1,000/- (Rupees One Thousand Only) in default to suffer rigorous imprisonment for one month in respect of offence punishable under Section 323 IPC.
The Court further sentenced the accused to suffer rigorous imprisonment for one year and to pay fine of Rs. 5,000/- (Rupees Five Thousand Only) in default to suffer rigorous imprisonment for six months in respect of offence punishable under section 354 IPC.
[State of Maharashtra v. Rovena, 2022 SCC OnLine Dis Crt (Bom) 15, decided on 22-11-2022]
*Arunima Bose, Editorial Assistant has reported this brief.
