Home Law Delhi Court rules that showing middle finger to woman amounts to outraging her modesty: Report

Delhi Court rules that showing middle finger to woman amounts to outraging her modesty: Report

While hearing a case concerning an assault which dates back to 2014, a judge in Delhi recently sentenced a man to jail for gesturing at a woman with his middle finger apart from making obscene facial expressions at her.

According to a recent court judgment, showing the middle finger to a woman tantamount to outraging her modesty and can land a person in jail, reported Times of India.

While hearing a case concerning an assault which dates back to 2014, a judge in Delhi recently sentenced a man to jail for gesturing at a woman with his middle finger apart from making obscene facial expressions at her.

Hearing the case, metropolitan magistrate Vasundhara Azad, stated that the actions of the accused amounted to making utterances or gestures intended to outrage the modesty of a woman. The accused might be looking at a maximum punishment of three years in jail along with a cash fine. However, the actual quantum of the punishment will only be announced on September 24 (Tuesday).

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The complainant, in this particular case, had also alleged that the accused passed lewd remarks at her and even slapped her.

On May 24, 2014, a woman had complained against her brother-in-law, alleging that he showed his middle finger to her besides passing lewd remarks and also physically hurting her. Following the complaint, the police booked the accused under IPC sections 509 (word, gesture or act intended to insult the modesty of a woman) and 323 (punishment for voluntarily causing hurt).

On October 8, 2015, the court framed charges against the man who pleaded not guilty and requested a trial in the case.

Though the woman in he testimony reiterated her claims, the man continued to oppose all the allegations claiming that case was the result of a property dispute between them and asked the court to examine his sister in his defence. The sister witnessed that her brother was at home the whole day and the woman had lodged a false complaint.

The court found no evidence about the property dispute claim, however, it took cognisance that the complainant had “specifically stated in her testimony” that the accused showed her his middle finger, made obscene facial expressions towards her and also passed lewd remarks. Hearing the case, metropolitan magistrate Vasundhara Azad, highlighted that the complainant’s medico-legal case (MLC) report showed a “linear bruise” on the woman’s body and held that, “The consistent testimony of the woman regarding hurt caused to her has been duly corroborated by her MLC”. Rejecting the defence witness’ testimony, judge Azad held the accused guilty.

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