KOCHI: In what could act as a stern warning in stalking cases, the High Court on Monday said a man who follows a woman on motorcycle during night and invites her to accompany him was intended to insult her modesty. Justice R Narayana Pisharadi made the observation while dismissing a petition filed by Kadakampally native J K Abhijeet, seeking to quash the criminal case against him in a stalking case.
The court also said the acts allegedly committed by the accused amount to an affront to her feminine decency.
“An act of affront to the decency and dignity of a woman can’t be considered as trivial in nature,” the court said. The court said the victim and accused did not know each other previously. “Therefore, it can’t be said the petitioner intended to give the victim lady a lift or free ride on the motorcycle on account of friendship or relationship with her.
There’s also an allegation against the accused that he made a sexual gesture to the lady with middle finger. Prima facie, he intended to insult the victim’s modesty,” the High Court observed.According to the prosecution, around 8.30pm on July 12, 2018, the 39-year-old woman was walking to her house. The accused followed her on a motorcycle on the public road, approached her and invited her to accompany him on the motorcycle. He had also made a sexual gesture to her with his hand.
The court pointed out that utterance of any word or making of any sound or gesture by a person, intending to insult a woman’s modesty, attracts offence punishable under section 509 of IPC, if such act was heard or seen by the woman.The invitation by the accused contained an insinuation that she was a woman of easy virtue who was ready and willing to go with any man during the night. Counsel for the petitioner submitted there was no material to infer that he intended to insult the woman’s modesty. Even if the petitioner has committed any act as alleged by the prosecution, it was trivial, which would come within the purview of Section 95 (Act causing slight harm) of the IPC.