Outraging Modesty -- Hitting Chest With Elbow -- Does not establish requisite intention
(i) Indian Penal Code, 1860, S.354 -- Outraging Modesty -- Hitting Chest With Elbow -- Essential ingredient is the intention to outrage the modesty of a woman, which must be ascertained from the nature and circumstances of the act -- Act of hitting a woman’s chest with an elbow, without more, does not establish the requisite criminal intention to outrage modesty. (ii) Indian Penal Code, 1860, S.354 -- Outraging Modesty -- Prior Dispute Between Parties -- Where a prior case exists between the parties raising the possibility of false implication, the complainant’s testimony requires closer scrutiny -- Independent corroboration is necessary before acting upon such testimony in these circumstances. (iii) Indian Evidence Act, 1872, S.3 -- Evidence -- Testimony of Victim in Sexual Assault Case -- Testimony of a victim in a sexual assault case is to be assessed on the same footing as that of an injured witness -- A witness’s relationship with the complainant is not, by itself, a ground to discard the evidence.
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