Overview
- The High Court upheld the conviction under Section 354 of the IPC, finding that unwelcome physical grabbing and a verbal declaration of love constituted criminal force outraging a woman’s modesty.
- Justice Naresh Kumar Chandravanshi relied on dictionary meanings and precedent to clarify the concept of “modesty” and emphasized the role of the accused’s intent.
- The court reduced the original three-year rigorous imprisonment imposed in 2022 to one year, citing the appellant’s age of 19 at the time and the limited scope of the act proved.
- The POCSO conviction was set aside because prosecutors did not produce primary documents like original school records or a birth certificate to establish the victim’s minority.
- According to testimony, the 2019 incident occurred as the girl returned from school with her sister and a friend, and she sought refuge in a nearby mazar after the accused held and pulled her while saying “I love you”; the accused, currently on bail, was directed to surrender to serve the remaining term.