The Madurai Bench of the Madras High Court has set aside the conviction of Murugesan, who was sentenced to three years rigorous imprisonment under Section 354 of the IPC for allegedly pulling the hand of a mentally challenged woman with the intent to outrage her modesty.
According to the prosecution, the victim, belonging to a Scheduled Caste community, was grazing cattle on May 4, 2015, when Murugesan, from the Hindu Maravar community, allegedly approached, used caste-based abuse, and pulled her hand. The mother of the victim lodged a complaint after being informed by a witness (PW2).
The trial court acquitted Murugesan under the SC/ST Act provisions but convicted him under Section 354 IPC based mainly on PW2's testimony. However, the High Court observed that PW2’s evidence contained contradictions - she alternately claimed to have seen the accused beating the victim and also that he had left before her arrival. The victim herself was not examined due to her mental condition, and other witnesses’ statements did not corroborate PW2's version.
Quoting the Supreme Court’s interpretation of "modesty" in similar cases, Justice R.N. Manjula noted that the prosecution failed to prove the accused’s intention to outrage the victim’s modesty. Mere physical contact without clear intent does not automatically amount to the offence.
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'Vague or generalized statements cannot establish the criminal intent required under Section 354 IPC," the Court observed, granting Murugesan the benefit of doubt. The appeal was allowed, his conviction set aside, bail bond terminated, and any fine paid ordered to be refunded.
Case Title: Murugesan vs The Inspector of Police, Samayanallur Circle, Sholavanthan Police Station, Madurai District
Case Number: Crl.A (MD) No. 117 of 2018
