Gauhati : "Making" a woman "Naked" not an "offence of outraging modesty of a Woman", Argues the Advocate Before HC

Criminal Law Updates : 2021

In a recent Judgment [citation : [2021] GCtR 1292], accused had filed a petition under the provisions of Code of Criminal Procedure, 1973 and had challenged their conviction. In this case, there were several accused persons. In this case, the Ld. Advocate had argued on the lines that making a woman naked woman would not constitute the offence as was alleged in this case. 

The facts were : an FIR was lodged against the accused. The counsel for accused had argued on the ingredients of the sections of the IPC which described the offence which were alleged in this case. Procedural irregularity was also one of the arguments on behalf of accused. The accused also relied on the proposition laid down by Hon'ble Supreme Court. Counsel for the state had argued on the basis of provisions of Code of Criminal Procedure, 1973.

While reaching the conclusion of setting aside the order of Ld. Magistrate, in this case, the lower court records were also perused and the decision finally went in favour of accused. 

Vishal

Guwahati

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