Calling woman "Item" amounts to be an offence u/s 354 IPC: Mumbai court

Calling woman "Item" amounts to be an offence u/s 354 IPC: Mumbai court

Special Judge SJ Ansari POCSO Act, Borivali Division, Dindoshi, Mumbai recently convicted a Mumbai person for a year and a half observing that "calling her an “item”, in my opinion, will certainly go to prove the fact of he having outraged her modesty."

The Court further observed that "Further, the accused having addressed her by using the term “item” which is a term used generally by boys to address girls in a derogatory fashion as it objectifies them in a sexual manner. the same will clearly indicate his intention of outraging her modesty. I am, therefore, of the clear view that the prosecution has been able to prove the fact of the accused having outraged PW 1 the victim 'X's modesty on the day, time and place as alleged."

The victim called 100 from her mobile, and while the police did rush to the spot, the accused had run away from the spot. So, the girl, with her father, went to the local police station, and lodged a complaint, based on which an FIR was registered. The statement of the girl and her father was also recorded. The victim 'X' reported at Sakinaka Police Station which resulted in the lodging of an FIR against the accused for the offences punishable u/s.354, 354-D, 504, 506 of the Indian Penal Code and u/s.12 of the Protection of Children from Sexual Offences Act, 2012.

The accused stood convicted for the offence u/s 354 IPC for 3 months and u/s 12 of the POCSO Act, 2012 for one year and six months and to pay a fine of Rs. 500/-.

 

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