Holding 10-Year-Old Girl's Hand To Propose Marriage Does Not Outrage Modesty, No 'Bad Intention': Jharkhand High Court

The Jharkhand High Court has held that merely holding the hand of a 10-year-old girl while proposing marriage, without any sexual or improper intention, does not amount to outraging modesty under Section 354 of the Indian Penal Code.

A Single Judge Bench of Justice Rajesh Kumar allowed a criminal appeal and acquitted a man convicted under Section 354 IPC, holding that the essential ingredients of the offence were not made out from the victim's own testimony.

The appeal challenged the judgment of conviction dated August 22, 2023 and the order of sentence dated August 28, 2023 passed by the Special Judge, POCSO Act, Seraikella-Kharsawan in POCSO Case No. 15 of 2017, arising out of Chandil P.S. Case No. 106 of 2017. The trial court had convicted the appellant under Section 354 IPC and sentenced him to one year's rigorous imprisonment with a fine of ₹1,000.

According to the prosecution, the informant alleged that on June 21, 2017, his 10-year-old daughter was returning home from school when the appellant allegedly caught hold of her hand and attempted to take her away with the intention of marrying her. Hearing the girl raise an alarm, villagers reached the spot and rescued her. Following investigation, a charge-sheet was filed under Section 354 IPC and Section 8 of the POCSO Act.

Before the High Court, counsel for the appellant argued that the victim (PW-5) had stated only that the appellant proposed marriage to her and, in that process, held her hand for a few minutes. It was submitted that there was no allegation of any sexual or improper intention, which is a necessary ingredient for invoking Section 354 IPC. Accepting the contention, the Court observed:

“Having heard learned counsel for the parties and on perusal of the record, it appears from the deposition of the victim girl (P.W.5) that the boy had merely proposed her for marriage and there was no bad intention on his part. As such, the ingredient of Section 354 of the IPC is not attracted.”

Holding that the prosecution had failed to establish the ingredients of the offence, the Court quashed the judgment of conviction and order of sentence and acquitted the appellant.

Case Title: Budhu Murmu @ Gudu Murmu v. State of Jharkhand

Case Number: Cr. Appeal (S.J.) No. 843 of 2023

Appearance: Mrs. Omiya Anusha appeared for the Appellant. Mr. Bishwambhar Shastri appeared for the State.

Click Here To Read/Download Order