Merely grabbing a woman’s hand doesn’t amount to outraging her modesty: Kerala court

The court, which convicted the man for criminal intimidation, says he didn’t utter ‘any indecent words’ or have ‘any intention to use the woman to satisfy his lust’.

2 min readThiruvananthapuramUpdated: Jul 19, 2023 09:38 PM IST

The court held that the prosecution had succeeded in establishing that the man had caught hold of the woman and threatened her to kill. (File)

Listen to this article

Merely grabbing a woman’s hand doesn’t amount to outraging her modesty: Kerala court

00:00

1x 1.5x 1.8x

A judicial magistrate court in Kerala has ruled that merely grabbing a woman’s hand or using criminal force against her does not amount to outraging her modesty.

“The culpable intention to outrage the modesty of the victim is to be proved,” said Judicial First-class Magistrate Court II at Aluva in Ernakulam in its verdict on July 13.

As per the prosecution, when the woman was waiting for a prayer at a temple on April 24, the accused, then aged 29, caught hold of her hand with an intent to outrage her modesty and, with an intent to cause alarm, threatened to kill her.

The man was charge-sheeted under sections 354 (assaulting a woman with an intention to outrage the modesty of a woman) and 506 (1) (criminal intimidation) of the Indian Penal Code.

The court held that the prosecution had succeeded in establishing that the man had caught hold of the woman and threatened her to kill. However, it said the prosecution failed to prove that he had any intention to outrage her modesty.

“There is absolutely nothing on record to show that the accused uttered any indecent words or he had any intention to use the victim to satisfy his lust. Mere assault or criminal force does not amount to an offence. The culpable intention to outrage the modesty of the victim is to be proved,’’ said the magistrate, T K Santhosh, in his order.

The court, however, convicted the man for criminal intimidation and sentenced him to two-year simple imprisonment and a fine of Rs 5,000.

Shaju Philip

Shaju Philip is a Senior Assistant Editor at The Indian Express, where he leads the publication's coverage from Kerala. With over 25 years of experience in mainstream journalism, he is one of the most authoritative voices on the socio-political, religious, and developmental landscape of South India. Expertise, Experience, and Authority Decades of Regional Specialization: Shaju has spent more than two decades documenting the "Kerala Model" of development, its complex communal dynamics, and its high-stakes political environment. Key Coverage Beats: His extensive reporting portfolio includes: Political & Governance Analysis: In-depth tracking of the LDF and UDF coalitions, the growth of the BJP in the state, and the intricate workings of the Kerala administration. Crime & Investigative Journalism: Noted for his coverage of high-profile cases such as the gold smuggling probe, political killings, and the state’s counter-terrorism efforts regarding radicalization modules. Crisis Management: He has led ground-level reporting during major regional crises, including the devastating 2018 floods, the Nipah virus outbreaks, and the Covid-19 pandemic response. ... Read More

Tags:
Kerala High Court

Loading Recommendations...

Jun 09: Latest News

Live Blog