However, the accused argued before the High Court that Section 4 of the 2002 Act, under which he was booked, is applicable only in cases that occur at a public place.
Section 4 of the 2002 Act provides for imprisonment for up to three years for anyone found guilty of having harassed a woman “in or within” the precincts of public spots such as “temples, bus stops, roads and streets, beaches, theatres, inside a public vehicle, or any other place.”
The accused argued that since the incident had occurred within the compound of the complainant’s house, it must be treated as having occurred within the house and not outside.
He argued that the definition of the term “public places”, and the use of the term “any other place” in the Act must be read ejusdem generis (of the same kind).
Source: Barandbench
