2009 CRI. L. J. 1224 ::2009 (1) AIR Kant HCR 185 ::2009 (1) AIR Kar R 185 ::(2008) ILR (Kant) 5197 ::2009 (1) AllCriLR 751 ::(2009) 74 AllIndCas 654 (KAR)

Karnataka High Court

Hon'ble Judge(s): A. S. Pachhapure , J

(A) Penal Code (45 of 1860) , S.354— Criminal P.C. (2 of 1974) , S.154— Outraging modesty of woman - Delay in lodging complaint - Natural for lady aged 24 years, to inform her parents about incident first and then go to Police Station along with members of her family - Delay of an hour in lodging complaint cannot be said to be deliberate - Victim herself went to Police Station to lodge complaint despite possibility of disreputation and remark - Mere fact that there is evidence of her and her brother only - Is itself not a ground to say that it is an interested version - Especially when scrutiny of their evidence reveals no discrepancy - Absence of independent evidence - Not fatal. (Para 7 8) (B) Penal Code (45 of 1860) , S.354— Outraging modesty of woman - Ingredients of offence - Proof - There must be either criminal force or assault on any woman - Accused blinked his eyes at victim and when she told him that he has no sense of humanity and showed her leg and chappal (footwear), the accused suddenly dragged her stole and abused in filthy language - Also threatened to kidnap her and also disfigure her face by throwing acid - Act of accused in blinking eyes at victim and dragging her stole - Can be said to be user of criminal force to outrage modesty of victim - Accused....