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Synopsis

A magistrate court in Mumbai has convicted a woman for outraging the modesty of another woman under Section 354 of IPC and sentenced her to 1 year of rigorous imprisonment while imposing a fine of Rs. 5000. 

It was alleged that the accused woman had torn the night dress of the victim and had beaten the victim with her chappal. While the victim was completely naked there were several people present at the said Incident spot including men.

Out of the several witnesses, the court took on record the statement of two witnesses who were present at the said spot throughout the alleged incident. 

The advocate of the accused argued that the alleged act was not done with the intention to outrage modesty and also argued concerning the applicability of the section on women.

The Additional Public Prosecutor argued that all the ingredients of Section 354 were fulfilled and there was sufficient evidence on record to prove the same.

The court while noting that the section applies to men and women equally said that:

"The pronoun 'he' used in the expression 'that he will thereby outraged her modesty' must therefore be taken under section 8 of Indian Penal Code as importing a male or a female. It is thus clear that under section 354 IPC, a man, as well as a woman, can be held guilty of the offence of assaulting or using criminal force to any woman with the intention or knowledge that the woman's modesty will be outraged and be punished for the offence. Section 354 IPC, therefore, operates equality upon all persons whether males or females and it cannot be maintained that as woman are exempted from any punishment under this section."

The court while convicting the woman said that:

"I am of the view that the accused is not entitled to get the benefit under the said Act, because, the offence is against the woman, her modesty and character. The accused being woman should be protective and sensitive towards the informant."