S.354 IPC Not Attracted If Woman Herself Didn't Perceive The Act Of 'Catching Hold Of Her Hand' As Invading Her Decency: Telangana High Court

Justice K. Surender observed:

"In the present facts and circumstances of the case, since P.W.1 herself did not perceive the act of catching hold of her hand as invading her decency as a woman, it cannot be said that the ingredients of Section 354 of IPC are made out to sustain the conviction."

The appellant herein was convicted for the offence under Section 354 of IPC and sentenced to undergo simple imprisonment for a period of five years and also to pay fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of six months passed by Additional Metropolitan Sessions Judge, Hyderabad.

The appellant herein, working as a computer repairer rendering services in the High Court, was accused of outraging modesty of the complainant, working as a maid in the house of then Registrar General of the High Court. It was alleged that the appellant caught hold of her hand and her bangles were broken. Immediately, she cried for help and the appellant fled from the flat.

At the outset, the High Court noted that when questioned during chief examination, the complainant stated that when the accused caught hold of her hand, she got angry and she does not know the object or intention with which the accused caught hold of her hand.

Thus, relying on the Apex Court judgement delivered in Rupan Deol Bajaj v. Kanwar Pal Singh Gill, the Court observed that it cannot be said that catching hold of the hand of the complainant amounts to outraging her modesty in the present facts, when she did not know about any intention or the object of the accused in catching hold of her hand.

In view of the above, the appeal was allowed and conviction was set aside.

Case Title: K.Rattaiah @ Ratnaji v. The State of Andhra Pradesh

Citation: 2022 LiveLaw (Tel) 64

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