Indian Kanoon - Search engine for Indian Law

13) Ms. Ruchika (since deceased) and Ms. Aradhana went to play at lawn tennis court on 12.08.1990 and while they were playing Sh. Paltoo-the ball picker came there and told Ms. Ruchika that the appellant-accused had called her to his office at 12.00 noon. Accordingly, Ms. Ruchika and Ms. Aradhana went to his office. The appellant-accused asked Ms. Aradhana to fetch the coach-Shri T. Thomas. While Ms. Aradhana had left the place, the appellant-accused molested/outraged the modesty of Ms. Ruchika. When Ms. Aradhana returned to the office, she witnessed the appellant-accused molesting Ms. Ruchika. Ms. Aradhana, in her statement, has categorically deposed that on that day when both of them i.e., Ms. Ruchika and Ms. Aradhana were playing tennis, Shri Paltoo, the ball picker, came and informed Ms. Ruchika that the appellant-accused had called her in HLTA office. They saw that the appellant-accused was standing outside his office. On seeing them, the appellant-accused asked them to come to his office. Though Ms. Ruchika requested the appellant-accused to talk to her outside the office, but he insisted them to come to his office. On his insistence, they followed him towards his office. On being asked by the appellant-accused, a chair was brought on which Ms. Aradhana (PW-13) sat down while Ruchika remained standing on her right side. Immediately thereafter, the appellant-accused asked Ms. Aradhana to fetch the coach-Mr. T. Thomas. When she went outside to call the coach, she found him standing at a distance on the other side of the house across the road. She asked the ball picker-Paltoo to go and fetch the coach. Mr. Thomas, on being informed about the same by Mr. Paltoo, waved his hand towards Ms. Aradhana expressing his inability to come at that moment. Thereafter, Ms. Aradhana returned and when she entered the office, she saw that the appellant- accused was holding one hand of Ms. Ruchika and his other hand was around her waist. Ms. Ruchika was trying hard to get herself released by pushing him away with her other hand. On seeing Ms. Aradhana (PW-13), the appellant-accused became nervous and released Ms. Ruchika and fell down on his chair. When she informed the appellant-accused that coach has refused to come to his office, the appellant-accused rudely ordered her to go again and call the coach personally. In the meantime, Ms. Ruchika came to her side and went out of the office. When PW-13 was trying to follow her, the appellant-accused told her “ask her to cool down, I will do whatever she will say”. Thereafter, PW-13 followed Ms. Ruchika and when she reached near her, Ruchika started weeping loudly. When she asked Ms. Ruchika as to what had happened, she narrated that as soon as she left to fetch the coach, the appellant-accused caught hold of her hand which she got released with great difficulty, but he again caught hold of her hand and with his other hand the appellant-accused caught hold of her waist and dragged her towards him and embraced her. She further told her that in the meantime when PW-13 reached there, he got scared and immediately released her. After discussion as to whether the incident be disclosed to their parents or not, both of them decided not to inform their parents about the incident as the appellant-accused, being a high ranking police officer, could harm their families. The molestation of Ms. Ruchika, at the hands of the appellant-accused is very well proved from the deposition of PW-13. There was no reason for Ms. Aradhana (PW-13) to depose falsely. In fact, she witnessed the actual act of molestation of Ms. Ruchika at the hands of the appellant-accused. Further, the fact regarding molestation of Ms. Ruchika by the appellant-accused has been stated on oath by Shri Anand Prakash (PW-

22) In order to constitute the offence under Section 354 of the IPC, mere knowledge that the modesty of a woman is likely to be outraged is sufficient without any deliberate intention of having such outrage alone for its object. There is no abstract conception of modesty that can apply to all cases. A careful approach has to be adopted by the court while dealing with a case alleging outrage of modesty. The essential ingredients of the offence under Section 354 IPC are as under:

(i) that the person assaulted must be a woman;

(ii) that the accused must have used criminal force on her; and

(iii) that the criminal force must have been used on the woman intending thereby to outrage her modesty.

23) This Court, in Vidyadharan vs. State of Kerala (2004) 1 SCC 215, held as under

“10. Intention is not the sole criterion of the offence punishable under Section 354 IPC, and it can be committed by a person assaulting or using criminal force to any woman, if he knows that by such act the modesty of the woman is likely to be affected. Knowledge and intention are essentially things of the mind and cannot be demonstrated like physical objects. The existence of intention or knowledge has to be culled out from various circumstances in which and upon whom the alleged offence is alleged to have been committed. A victim of molestation and indignation is in the same position as an injured witness and her testimony should receive the same weight …..”

25) This Court, in Tarkeshwar Sahu vs. State of Bihar, (2006) 8 SCC 560, held as under:-

“39. So far as the offence under Section 354 IPC is concerned, intention to outrage the modesty of a woman or knowledge that the act of the accused would result in outraging her modesty is the gravamen of the offence.

40. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex.”