Pulling Woman's Hand Not Offence If Criminal Intent Not Proven: High Court

The Madurai Bench of the Madras High Court has acquitted a man convicted in 2018 for allegedly molesting a mentally challenged woman, holding that merely pulling a woman's hand - without clear proof of intent - does not automatically constitute the offence.

Justice RN Manjula made the observation while allowing the appeal of Murugesan, who had been sentenced to three years rigorous imprisonment by a lower court under Section 354 IPC.

The prosecution alleged that on May 4, 2015, the accused, from the Hindu Maravar community, pulled the hand of a Scheduled Caste woman grazing cattle near Nedunkulam Channel and abused her by her caste. The trial court had acquitted him under the SC/ST (Prevention of Atrocities) Act but convicted him for outraging modesty.

On appeal, the High Court pointed to contradictions in witness accounts and the inability of the victim to testify due to her mental condition. The key eyewitness gave inconsistent statements, sometimes claiming she saw the incident, and at other times admitting she arrived after the accused had left.

Citing Supreme Court precedents, Justice Manjula said that to attract Section 354 IPC, the act must be accompanied by the intention to outrage modesty, proven through clear and credible evidence. Pulling a woman's hand could shock the sense of decency, the court noted, but without proof of intent, vague or generalised statements cannot sustain a conviction.

The court extended the benefit of doubt to Murugesan, overturned the conviction, and ordered the refund of any fine paid.