VIJAYAWADA: In a significant ruling, the Andhra Pradesh High Court on Saturday held that an accidental touch or push during a quarrel or confrontation could not be construed as an act intended to insult the modesty of a woman. The court made it clear that such incidents, occurring without deliberate intention to demean a woman, do not attract charges under Section 354 of Indian Penal Code (IPC).
Delivering the verdict in a case, Justice Tallapragada Mallikarjuna Rao said there should be clear evidence of intent to outrage a woman’s modesty to invoke Section 354 of IPC.
The court made the observation on an appeal filed by police against a 2006 verdict of the Ongole Additional Assistant Sessions Judge, who acquitted four youths charged with obstructing a government servant on duty, and insulting the modesty of a woman. The incident dated back to June 16, 2005. Mastan Vali, a home guard attached to Nagulappadu police station in Prakasam district, received a complaint that four youths were creating obstruction to vehicular movement near the bus stand.
When he went to the spot, a scuffle broke out between Vali and the quartet. Vali’s mother, who arrived there, fell down during the pushing and shoving.
Subsequently, police registered a case against the four youths under charges, including insulting the modesty of a woman. In 2006, the sessions court acquitted all the four accused, noting that the prosecution had failed to produce adequate evidence to substantiate the charges.
Challenging the acquittal, the police filed an appeal in the High Court in 2009. After examining all evidence, Justice Mallikarjuna Rao upheld the sessions court verdict.