Case Note & Summary
The appellant, Datta Jagannath Manera, was convicted by the Sessions Court for offences under Sections 354 and 451 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for one year under Section 354 and three months under Section 451, with a fine of Rs. 1000. The prosecution case was that on 20th May 1986, at about 9:45 p.m., the complainant went to the house of Atmaram Gondhale to take toothpaste. After taking toothpaste, she returned to her house. The appellant, who was hiding near her house, entered her house, caught hold of her hand, and attempted to outrage her modesty. The complainant raised an alarm, and the appellant fled. The trial court acquitted the accused of the charge under Section 376 IPC but convicted him under Sections 354 and 451 IPC. The appellant challenged the conviction in the High Court. The High Court, after examining the evidence, found that the testimony of the prosecutrix was credible and corroborated by the circumstances. The court held that the appellant's entry into the complainant's house was with the intent to commit an offence under Section 354 IPC, thus constituting house trespass under Section 451 IPC. The court also applied the presumption under Section 114 of the Indian Evidence Act to infer the intent from the conduct. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Outraging Modesty - Section 354 Indian Penal Code, 1860 - The accused entered the complainant's house at night, caught hold of her hand, and attempted to outrage her modesty. The court held that the testimony of the prosecutrix was credible and corroborated by the circumstances, and the conviction under Section 354 IPC was justified. (Paras 1-5) B) Criminal Law - House Trespass - Section 451 Indian Penal Code, 1860 - The accused entered the complainant's house with the intent to commit an offence under Section 354 IPC. The court held that the entry was without consent and with criminal intent, thus constituting house trespass under Section 451 IPC. (Paras 1-5) C) Evidence Law - Presumption of Fact - Section 114 Indian Evidence Act, 1872 - The court may presume the existence of certain facts, such as the intent to commit an offence, from the conduct of the accused. The court applied this presumption to uphold the conviction. (Para 5)
Issue of Consideration
Whether the conviction of the appellant under Sections 354 and 451 of the Indian Penal Code is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence passed by the Sessions Court.
Law Points
- Outraging modesty of woman
- house trespass
- intent to commit offence
- corroboration of testimony
- presumption under Section 114 Evidence Act
