Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860:5.354 — Essential ingredients — Discussed Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860:5.354 — Essential ingredients — Discussed — In the instant case, appellant-accused, a very senior police officer of the State molested minor girl — PW-13 witnessed thal the victim was in the grip of appellant-accused who was holding one hand of victim in his hand and his other hand was around her waist and he was pulling her towards his chest so as to embrace her while the victim was trying to push him back with her free hand — PW-13 withstood her testimony from beginning till the end and her deposition was found reliable and corroborative with other prosecution witnesses — Both the courts below rightly convicted the appellant-accused u/s.354 of the IPC - Crime against women ~ Outraging modesty of a woman. s.354 — Delay in presenting complaint of molestation — Held: In the instant case, appellant-accused, was a very senior. police officer of the State — Victim was unmarried minor girl ~ In the normal course of human conduct, this unmarried minor girl, would not like to give publicity to the traumatic experience she had undergone and felt terribly embarrassed in relation to the incident to narrate it to her parents and others overpowered by a feeling of shame and her natural inclination would be to avoid talking about it to anyone, lest the family naine and honour is brought into controversy — Delay of 6 days in presenting the complaint duly explained and, therefore, condonable. “Criminal law: Knowledge that the act amounts to committing an offence — Held: If intention or knowledge is one of the ingredients of any offence, it has got to be proved like other ingredients for convicting a person — But, it is also equally true that those ingredients being state of mind may not be proved by direct evidence and may have to be inferred from the attending circumstances of a given case. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 907 |
Petitioner | S.p.s. Rathore |
Respondent | C.b.i. & Anr. |
SCR | [2016] 5 S.C.R. 335 |
Judgement Date | 2016-09-23 |
Case Number | 2126 |
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