Madras High Court acquits man in 2018 molestation case, ruling that pulling a woman’s hand without criminal intent does not constitute an offence under Section 354 IPC. Clear evidence is required.
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CHENNAI: The Madurai Bench of the Madras High Court has acquitted a man convicted in 2018 for allegedly molesting a mentally challenged woman, ruling that merely pulling a woman’s hand, without clear proof of intent, does not automatically attract Section 354 of the Indian Penal Code (IPC).
Justice RN Manjula observed while allowing the appeal of Murugesan, who had been sentenced by a lower court to three years rigorous imprisonment under Section 354 IPC for outraging modesty.
Case Background
The prosecution alleged that on May 4, 2015, Murugesan, belonging to the Hindu Maravar community, pulled the hand of a Scheduled Caste woman who was grazing cattle near the Nedunkulam Channel, and also abused her by caste name.
The trial court acquitted him under provisions of the SC/ST (Prevention of Atrocities) Act, citing insufficient evidence, but convicted him for outraging modesty under Section 354 IPC.
Court’s Observations
On appeal, the High Court observed that the victim’s testimony was unavailable due to her mental condition, and the key eyewitness had given contradictory statements, at times claiming to have seen the incident and at other times admitting she reached the spot only after the accused had left.
Such inconsistencies, the court held, weakened the prosecution’s case.
Referring to Supreme Court precedents, Justice RN Manjula emphasized that Section 354 IPC requires not merely a physical act but clear proof of intention to outrage a woman’s modesty. While pulling a woman’s hand may be inappropriate and offend societal decency, without credible evidence of intent, it cannot sustain a conviction, and vague or generalised witness statements cannot form the sole basis for guilt.
Extending the benefit of doubt, the court overturned Murugesan’s conviction under Section 354 IPC and ordered a refund of any fine paid, underscoring that criminal convictions must rest on clear, consistent, and credible evidence, especially when intent is a crucial element of the offence.
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