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Emperor, where the little girl of Five and a half years was playing with a boy of her age and the accused aged about 50 put his finger into her private parts and caused a mark on them.
Justice Jack held that “it must be shown that the assault was made intending to outrage or knowing it to be likely to outrage the modesty of the girl.
The girl got terrified at the sight of the accused’s male organ in erection and started shirking.” (1953 Cri. Now before Hon’ble Justices of Supreme Court “the question is (was) whether the respondent (Major Singh) who Caused injury to the private parts of a female child of seven and half months is guilty under s. I would for this reason answer the question in the negative.”(State of Punjab vs. C.63 at page 65, Para 8)With all due regards and reverence, what-so-ever I could understand is that A. Sarkar, the then Chief Justice of India, ‘do not think’ at all like ‘a reasonable man’, because he is not ‘a female child of seven and a half months’, who has been a victim of someone’s unnatural lust and ‘modesty’ is nowhere defined in the statutes or code of the patriarchal society. Earlier in the above said case, a similar question was referred to the Full Bench comprising of Justice Mehar Singh, S. Capoor and Gurdev Singh of Punjab High Court “Whether the appellant (Major Singh) having fingered the private parts of Balvinder, a girl of 7 ½ months, causing injury to those parts, has or has not committed an offence under Section 354 of the Penal Code? State, AIR 1963 Punjab 443) Justice Mehar Singh and Capoor (per majority) adroitly adumbrated that “so far the girl of the age of 7 ½ months is concerned, she is physically incapable of having any sense of modesty or propriety of behavior, and all that can be said is that if she was sufficiently grown-up to have developed such a sense, the act of the accused would have outraged her modesty. 354 cannot be extended in this sense and it is a misnomer to talk of sense of modesty in connection with an infant girl of the age of 7 ½ months.”Legal-eagles sharply reacted “indubitably it is a ‘ridiculous, outrageous, preposterous and retrograde’ judgment in all respect- legally, ethically, morally and logically”.
354 of the Penal Code of the offence of outraging the modesty of a woman”. One may wonder that if this is the intellectual outlook, vision, perspective or sensitivity of the head of ‘judicial family’ of the Nation, it can be very well visualized about the other ‘sentinel of justices’! It seems that the majority was (mis)guided by the judgment in Emperor vs.
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Tatia Mahadev, wherein the accused took a girl six year old to his room and made her lie down and he lay on her.
The Magistrate was apparently of the opinion that `the girl being only six years old was too young to have any sense of modesty developed’ and sentenced a fine of Rs. 352 of IPC but the Hon’ble Justice Batchelor and Justice Rao of Bombay High Court clarified that under section 10 of the IPC the word `women’ denotes a human being of any age and the girl Chandribai screamed and ran away when the accused began his assault on her.State, wherein on the afternoon of at about 4.30 p.m, Girdhar Gopal who was a Pujari of a mandir caught hold of young girl named Saroj (nine years old) took her to his house on the pretext of giving Prasad to her and when she was inside, he closed the door of room, made her lie on a bed, put a covering on her and then sat upon her, became naked and asked Saroj to removed all her clothes.The girl shouted for help and was rescued by her brother and neighbors by forcibly opening the door.(Those are just a few of the options out there.) And these apps aren’t just for hooking up: A whopping third of new marriages start out online or via apps, a number that’s expected to rise, according to a recent University of Chicago study.With so much dating firepower at your fingertips, why aren’t you sharing sheets all the time?Her research finds that 17 days from the first message is ideal, so get the girl to the restaurant before she chats up other dudes, and the rest should be smooth sailing.