Moving hand over minor’s back without sexual intent is not outraging modesty: HC

Mumbai: Merely moving a hand over the back and head of a minor girl without any sexual intent does not amount to outraging her modesty, the Nagpur bench of the Bombay High Court remarked while quashing the conviction of a 28-year-old man.
The case dates back to 2012 when the convict, then 18 years old, was booked on charges of outraging the modesty of a 12-year-old girl. According to the victim, the accused had moved his hand on her back and head and commented that she had grown up. The order was passed on February 10 and was made available on March 13.
A single bench of Justice Bharati Dangre, while setting aside the conviction, noted there was no sexual intent on the part of the convict and that his utterance indicate he had seen the victim as a child.
“In order to outrage the modesty of a woman, what is most important is having the intention to outrage the modesty. It is not the case of the prosecution that the accused did something more than what has been alleged, that is, moving his hand over the back and head of the victim.
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The HC further said the prosecution failed to produce any material to show there was a specific intention on part of the appellant to outrage the modesty of the girl.