TOUCHING ANY BODY PART OF A WOMAN INCLUDING HER FEET AMOUNTS TO OUTRAGING HER MODESTY - BOMBAY HC

The Bombay High Court (Aurangabad Bench) held that touching any part of a woman's body without her consent, especially in the night by a stranger, amounts to outraging her modesty. Justice MG Sewlikar was hearing an appeal filed by Parmeshwar Dhage, who the trial court sentenced for touching a woman's feet while she was sleeping.

FACTS

On 4th July, the complainant and her grandmother-in-law were at home while her husband was not in the town. Her neighbor, the accused, came to her house at 8 pm and had enquired about her husband. The complainant responded that her husband was not returning for the night.

Later, the complainant went to sleep but without bolting the door to her room. At 11 pm, the complainant woke up and saw the accused sitting by her feet and touching her feet. The complainant screamed, woke her grandmother-in-law while the accused ran away. The following day after her husband returned, she filed a complaint against the accused. 

TRIAL COURT

During the trial, the defense was in total denial. The accused claimed that he was not present at the spot of the incident. He also pleaded that since the two women were alone in the house, in normal circumstances, the ladies would bolt the door from inside, and since they did not, it implies that the accused entered with consent. Finally, it was argued that the accused had merely tried to touch the feet of the complainant, and there was no sexual intent.

The trial court convicted the accused for sexual harassment and sentenced him to one-year imprisonment.

OBSERVATIONS

The HC observed that the accused had no good reason as to why he was present in the house of the woman in the middle of the night and why he inquired about the complainant's husband. The HC rejected the appeal and refused to interfere with the lower court order in view of the same.

Author: Papiha Ghoshal