Moving hands over minor girl’s back and head without sexual intent and saying “she has grown up” not outraging modesty : bombay High Court
The Bombay High Court passed a order on 10 Feburary, 2023.This was seen in the case of Mayur Babarao Yelore vs State of Maharashtra 49 OF 2022and the case was presided over by Hon’ble Justice BHARATI DANGRE.
FACTS OF THE CASE:
In this case victim girl, aged 12-13 years, that while her daughter was all alone at home, the accused entered in the house on the pretext of handing over documents and though her daughter objected to his entry by protesting that her mother was not at home, he gained entry into the house and asked for drinking water. When the victim offered him water, he sat next to her, rolled his hand over her back and head and uttered the words “you have grown up so much”. This scared the victim and she shouted for help, residing neighbor came to her rescue and called the persons in the neighborhood
OREDER OF THE CASE:
The court said that there was no sexual intent on part of the appellant and that his utterance definitely indicate that he had seen her as a child and hence, he said that she has grown up. If there was no intention to commit the offence for outraging of modesty of the victim girl, the entry into the house, could not be said to be amounting to house trespass with an intention to commit an offence.
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JUDGEMENT REVIEWED BY ARCHLA.
Mayur Babarao Yelore vs. State of Maharashtra