A single bench of Kerala court while quashing the charge under section 354 of IPC against the accused man, held that merely holding a woman’s hand and threatening her without lustful intention does not termed as outraging her modesty under section 354 of the Indian Penal Code.
The bench held that the culpable intention to outrage the modesty of the women is to be proved. Merely holding hand and threatened her will not attract the offence under section 354 (assault or criminal force to woman with intent to outrage her modesty ) of the Indian Penal Code.
“Mere assault or criminal force does not amount to an offence. The culpable intention to outrage the modesty of the victim is to be proved. Mere holding PW1’s hand and threatened her that he would kill her will not attract offence under Section 354 of IPC”.
The incident took place in the year 2013, when a woman had gone at a temple when the accused caught hold her hand and threatened to kill her.
After going through the evidences and the statement, the judge found that the accused had no intention to outrage her modesty.
“There is absolutely nothing on record to show that the accused uttered any indecent words or had any intention to use the victim to satisfy his lust”.
The court sentenced the accused to simple imprisonment for a period of 2 months and imposed a fine of Rs 5000 as he found liable to be convicted for the criminal intimidation for threatening to kill the woman.