Woman’s modesty not outraged,’Holi spirit’ drove man: HC

Despite the violence involved,HC said the man was not 'sophisticated' enough to attempt a molestation.

Written by Agencies | New Delhi | Published: March 28, 2012 4:59:17 pm

A man has been acquitted by a Delhi court of the charges of outraging the modesty of a woman upon whom he had rubbed Holi colours during which she also sustained some injuries.

Metropolitan Magistrate Savitri let off the accused saying the intentions of the accused were not wrong and he applied colour in the “excitement of the festival”.

She added accused Bahadur’s conduct was not unnatural as he does not belong to sophisticated class of society and he applied colours on the woman in jest.

“Considering that it was the festival of Holi,the contention of there being no intention to outrage the modesty of complainant (woman) appears believable and the conduct of the accused was not so unnatural…..

Considering that accused was a person of near illiterate status and did not come from sophisticated class of society… I am unable to infer any intention to outrage the modesty of the complainant,” the magistrate said.

According to police,the incident took place in 2007 on Holi when the woman,a Tahirpur resident,was going with her husband towards DLF Colony in Uttar Pradesh where she was working as a domestic help. It said on their way,Bahadur who was living nearby stopped them and applied gulal on her face saying “it’s Holi”.

When the woman resisted,Bahadur caught hold of her due to which she fell from the rickshaw and received injuries,police said adding he had also beaten her husband.

Bahadur,however,said he had no intentions of outraging the woman’s modesty and as he was having friendly terms with her husband,he requested them to play Holi with him.

The court said there was contradictions in the woman’s statement as her husband had accepted that he knew the accused from past 11 years whereas she had denied the same.

“Considering this,I am not inclined to believe the testimony of the prosecution witnesses,” said the court.

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