LAWS(KAR)-1971-6-15

CHANDRASEKHARA RAMAPPA GAVALI Vs. STATE OF MYSORE

Decided On June 29, 1971
CHANDRASEKHARA RAMAPPA GAVALI Appellant
V/S
STATE OF MYSORE Respondents

JUDGEMENT

(1.) THE accused was charged with having behaved indecently with a girl by name Meena on 2-3-1971 at 12-45 PM. in a street called Tasabawadi in Bijapur town punishable under S.92(1) (o) of the Mysore Police Act. THE accused pleaded that he behaved indecently. But he did not state that he behaved indecently in a public place with Meena. Mere behaving indecently is not punishable under S.92(1) (o). What is punishable under that section is behaving indecently in a street or place of public resort or in any public office. THE accused, by saying that he behaved indecently, has not pleaded guilty to the accusation covered under S.92(1)(o) of the Act. Even otherwise, the conviction has got to be set aside because no notification is shown to have been issued by the State Government extending the application of the provisions of S.92(1) and the clause thereto to Bijapur town.

(2.) FOR the reasons stated above, this petition is allowed, the conviction and sentence passed against the petitioner are set aside and he is acquitted.