'No Bad Intention': Chhattisgarh HC Acquits Then Sarpanch U/S 354 IPC For Holding Hand Of Prosecutrix

The Chhattisgarh High Court has acquitted a former Sarpanch for offence under Section 354 IPC after finding that there is nothing on record to prove that he held the prosecutrix's hand with "bad intention".Justice Dipak Kumar Tiwari observed that in order to attract the provision, it is necessary that the accused must have used criminal force and he must have an intention to outrage the modesty or knowledge that by his act he may outrage the modesty of the prosecutrix.In the instant case, the bench found that it cannot be safely held that the applicant caught hold of hands of the prosecutrix with any bad intention."On close scrutiny of the evidence adduced, it reveals that the prosecutrix (PW-1) has not stated that the applicant caught hold of her hands with bad intention. (PW-6), niece of the victim, would depose in her cross-examination that she is not aware as to for what reasons the applicant has caught hold of hands of the prosecutrix."The facts of the case are that the prosecutrix was returning home after Dussehra celebrations when the applicant-accused allegedly asked for snacks from prosecutrix and thereafter held her hand. Prosecutrix claimed that when she resisted, he ran away. Accordingly, a complaint against the applicant was filed and the Court of Additional Sessions Judge convicted him under Section 354 IPC and sentenced him to undergo RI for one year. His appeal against this order was dismissed. Hence, present revision was preferred. The applicant submitted that both the courts below failed to appreciate that he had no intention to outrage the modesty of the prosecutrix. It was argued that the applicant has been falsely implicated in the case by the father of the prosecutrix due to political rivalry.The Court found force in the submissions made by the applicant and noted that as per the village custom, normally young people go to the elderly people to seek their blessings. On the alleged date of incident, the applicant was Sarpanch and an elderly person in the village, therefore, the prosecutrix along with PW-2 and PW-3 went to meet the applicant, whereupon the applicant demanded snacks from the prosecutrix and also caught her hands."It appears that there is some political rivalry and no clear fact is emanating from the record that the applicant with bad intention has caught hold of hands of the prosecutrix. Therefore, it is held that the prosecution has failed to prove the charge under Section 354 of the IPC against the applicant," Court held.Accordingly, the Revision petition was allowed and conviction order was overturned. Case Title: Bhanu Singh v State of ChhattisgarhCitation: 2022 LiveLaw (Chh) 75 Click Here To Read/Download Order

'No Bad Intention': Chhattisgarh HC Acquits Then Sarpanch U/S 354 IPC For Holding Hand Of Prosecutrix

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