Bombay High Court: It is a crime to touch a woman's body without her consent

A single bench of Justice Mukund Sevilkar passed the order on December 21, dismissing the petition filed by one Parmeshwar Dhage against the judgment depicte delivered by Jalna Sessions Court on 21st August 2021.

The Mumbai High Court bench at Aurangabad ruled that touching a woman's body by a man without her consent is an insult to a woman and a crime of indecency. An Aurangabad bench of the Bombay High Court has rejected a petition challenging the sentence of a 36-year-old man in a Jalna case.

A single bench of Justice Mukund Sevilkar passed the order on December 21, dismissing the petition filed by Parmeshwar Dhage against the August 21 judgment of the Jalna Sessions Court. The man was convicted under sections 451 and 351-A of the IPC by a sessions court judge upholding the magistrate court's decision.

What exactly is the case?

According to the FIR filed by the victim, on July 4, 2014, she was alone in the house with her grandmother. Her husband had gone to the village for some work. The accused came to her house around 8 pm and started asking when her husband would return from the village. The victim said her husband would not come home at night. The man then broke into the woman's house at 11 p.m. The victim was asleep. Suddenly, the victim noticed that someone was touching her leg. She woke up and saw that the man was sitting on her bed. He fled after being shouted at by the victim and her mother-in-law. The victim immediately called and told her husband. As soon as her husband arrived in the morning, the victim lodged a complaint with the police against the person concerned.

What did the judge say?

After hearing all the arguments and statements, the court in its judgment said, In this case, the petitioner was found sitting at the feet of the victim. Not only that, he was sitting on the victim's cot and touching her leg. This behavior reveals obscene motives. Otherwise, the petitioner sees no other reason to enter the victim's house in this manner at midnight.

The petitioner could not give a satisfactory answer as to why the accused went to the victim's house at midnight. Taking advantage of the absence of the victim's husband, the petitioner had entered the house with intentional obscene intent. Therefore, the trial court found him guilty of tampering with the victim's reputation, the judge said.

The Editor

This is personal blog of Raavan Dhabe, Advocate and the objective of the blog is to share fundamental legal knowledge in Marathi and English language for the readers. Especially, important provisions of civil and criminal law along with the articles of constitution of India and personal experience in the social, political and legal work is shared with readers.

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