GOVERNMENT OF ASSAM Vs. KANTILA CHUTIA

JUDGEMENT

(1.) This is an appeal by the Government of Assam in the case of one Kantila Chutia who was tried by the Sub-Divisional Magistrate of Golaghat on a charge of lurking house trespass by night and acquitted.

(2.) The ground on which we have been asked to interfere with the order of acquittal is that in the case against the accused he was not only charged under Section 457, but there was also a charge under Section 354 Indian Penal Code, of outraging the modesty of a woman. The learned Deputy Legal Remembrancer, on behalf of the Government of Assam, contends that a charge under Section 354, Indian Penal Code, is not triable summarily, and as there was a charge under Section 354, Indian Penal Code, the learned Magistrate was not justified in trying the case only under the charge under Section 457, Indian Penal Code, in a summary way.

(3.) The facts would appear to be these : On the 4 of April 1926 one Tileswar Mohanto came to the police-station and reported to the following effect. That last night while he was away from house, his wife was sleeping with her children and a lamp was burning in the room. At about 10 p.m. in the night Kantila Chutia, the person accused, entered the room by opening the door. His wife on seeing the accused asked why he had entered the room. On this he put out the lamp. Thereupon his wife cried out, but the accused caught her by the neck. Apparently on hearing the woman's cry people came and the man ran away. The case was entered in the station diary as one of house-breaking by night under Section 456, Indian Penal Code. Section 354, Indian Penal Code, did not appear in this first information report and quite naturally too, because it is clear from the statement made to the police that there was no suggestion that the woman's modesty had been outraged. The police, however, made an investigation and sent up charges under Secs.457 and 354, Indian Penal Code. The Magistrate apparently not putting very much reliance on the charge under Section 354, Indian Indian Penal Code, tried the case, as I have stated above under Section 457, Indian Penal Code. As far as I can see there was no charge made by the complainant that the modesty of his wife had been outraged. I may point out here that every assualt on a woman or every use of criminal force to a woman does not necessarily fall under Section 354, Indian Penal Code, namely, an assault or use of criminal force to a woman with intent to outrage her modesty. After all the woman herself was the best person to state whether her modesty had or had not been outraged by the fact that the accused had put his hand on her neck. There was no suggestion in the first information that her modesty had been so out raged. Neither in her evidence which she gave when the case of house-breaking was tried did she suggest that her modesty had been outraged. In order to constitute an offence under Section 354, Indian Penal Code, it is necessary that the assault or use of criminal force to a woman must be used with intent to outrage or knowing it to be likely that he would thereby outrage her modesty, There is nothing in the statement 1 made to the police to show that this assualt on the woman was made with the intention o? outraging her modesty. It was, apparently, as far as I can see from the circumstances of the case, made because the accused, if he had entered the hut, desired to prevent the woman from crying out and so to prevent the discovery of his presence to the neighbours.