While dealing with the anticipatory bail plea of the accused, Justice Vibha Kankanwadi observed that merely because some sound is created by neighbour in his house, it cannot be inferred that the same was done with sexual intent towards the complainant-woman.
The complainant-woman had claimed that the accused committed acts like whistling from the terrace, making noise with the help of utensils and making different kinds of sounds.
“All those acts appeared to have been committed from the house of the appellants and it cannot be even prima facie inferred that it was with some such nature. Merely because some sound is created by a person in his house we cannot directly infer that it is with such an intention that it is with sexual nature towards the informant,” the Court said.
The Court further noted that the FIR failed to specify how any of the appellants had touched the body of the informant with sexual intent to attract the related offence under the SC/ST Act.
All the alleged acts appeared to have been committed from the terrace of the accused-appellants and there could be no ready inference that these acts had a sexual undertone, the Judge noted.
“In order to attract this offence there should be use of words, acts or gestures of a sexual nature towards a woman belonging to Scheduled Caste or Scheduled Tribe knowing that she belongs to such caste or tribe. FIR stated that such acts by the accused were committed from terrace which would cause outraging of modesty of the informant, however, details of those acts are missing,” the Court said.
The Court also observed that even though the complainant had alleged that the accused had abused her in chorus, the complainant’s caste did not form a part of the abuse. The Court expressed doubts as to whether such abuse can be given in chorus.
“If we consider that abuse was with an intention to insult the informant; yet, it is to be noted that it is alleged to have been uttered in chorus, which is an unbelievable act. Abuses cannot be given in chorus”, the Court said.
Source: Barandbench
