Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent, Pundlik Bapurao Dhabale, for an offence under Section 354 of the Indian Penal Code, 1860 (outraging modesty of a woman). The case arose from an incident on 1 October 1993, when the prosecutrix, Vrunda, alleged that the accused caught her hand and pulled her saree while she was alone in her field. She claimed she shouted and raised a sickle, and the accused threatened her with a stick. The trial court, after examining five prosecution witnesses, found material contradictions in the prosecutrix's testimony, particularly regarding whether she had hit the accused with a sickle and the sequence of events. The court acquitted the accused, giving him the benefit of doubt. The State appealed, arguing that the acquittal was erroneous. The High Court, per Justice R.C. Chavan, reviewed the evidence and found that the trial court's view was plausible and not perverse. The High Court noted that the prosecutrix's testimony contained contradictions that were not minor, and there was no corroboration. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Outraging Modesty of Woman - Section 354 Indian Penal Code, 1860 - Acquittal Appeal - The State appealed against acquittal for alleged outraging modesty. The prosecutrix's testimony contained material contradictions regarding the accused's presence and her use of a sickle. The trial court found these contradictions significant and acquitted the accused. The High Court held that the trial court's view was plausible and not perverse, and declined to interfere in appeal. (Paras 1-8)
Issue of Consideration
Whether the acquittal of the respondent for offence under Section 354 of the Indian Penal Code, 1860 was justified given the alleged contradictions in the prosecutrix's testimony.
Final Decision
Appeal dismissed; acquittal of respondent upheld.
Law Points
- Acquittal appeal
- Section 354 IPC
- Outraging modesty of woman
- Material contradictions
- Lack of corroboration
- Benefit of doubt
