Benefit Of Acquittal Can Be Extended To Non-Appealing Co-Accused If Prosecution Case Is Found To Be Fundamentally Unreliable: Madras High Court Hindu Marriage Act | Petition For Restitution Of Conjugal Rights Serves As A Valid Defence Against Allegations Of Desertion: Kerala High Court Employee Has No Vested Right To Seek Or Retain Additional Charge; Writ Petition Not Maintainable To Challenge Its Withdrawal: Madhya Pradesh High Court Insurance Act | Insurer Cannot Waive Statutory Deadline For Premium Payment Under Bank Guarantee; No Estoppel Against Statute: NCDRC Absence Of Crime Number In Inquest Report & Discrepancy In Sec 157 CrPC Special Report Renders FIR Doubtful: Allahabad High Court MTP Act  | Termination Of Pregnancy Beyond 24 Weeks Permissible If It Involves Risk To Life Or Grave Injury To Mental Health Of The Victim: Gujarat High Court Section 174A IPC | FIR Cannot Be Quashed If Process Server Reports Indicate Failure To Serve At Ordinary Residence: Delhi High Court Issues Guidelines Insolvency Petition | Transferees Of Debtor Cannot Substitute Debtor To Rebut Allegation Of Intent To Defeat Creditors Under Section 6(b) Provincial Insolvency Act: High Court Medical Negligence | Doctor Cannot Be Held Liable For Choosing One Reasonable Course Of Treatment Over Another: Bombay High Court Cruelty | Non-Registration Of FIR Cannot Be Ground To Discredit Testimony Of Wife Seeking Divorce: Jharkhand High Court No Deception At Inception: Calcutta High Court Refuses To Revive Cheating Charges Against Borrower After One-Time Settlement Consumer Protection Act | Doctrine Of 'Caveat Emptor' Subservient To 'Caveat Venditor'; Auctioneer Liable For Sale Of Encumbered Vehicle: State Commission Section 127 CrPC | Past Compromise Not An Eternal Estoppel To Bar Wife From Seeking Enhancement In Maintenance: Orissa High Court States Can Prescribe Higher Qualifications Than UGC Norms, Additional Tests Promote Meritocracy: Punjab & Haryana High Court Writ Jurisdiction Cannot Be Invoked To Cancel Registered Sale Deed Or Adjudicate Title Disputes: Telangana High Court Principal Employer Cannot Abdicate Statutory Liability For Overtime Wages Of Contract Labour Despite Contractual Indemnity Clauses: Jammu & Kashmir High Court Preliminary Inquiry Not Mandatory For Invoking SC/ST Act Provisions If Allegations Disclose Cognizable Offence: Punjab & Haryana High Court Writ Jurisdiction Cannot Be Invoked For Re-valuation Of Structures Once Compensation Dispute Is Adjudicated Under Section 64 RFCTLARR Act: Telangana High Court Revenue Village Naming | Government Must Ensure Names Do Not Reflect Any Person, Caste, Or Religion Under Policy Guidelines: Rajasthan High Court Section 138 NI Act | Complainant Must Prove Proprietorship Of Firm To Establish Status As 'Payee' Or 'Holder In Due Course': Himachal Pradesh High Court

Sexual harassment case prima facie not made out if woman wearing provocative dress: Kerala Court

07 May 2024 2:49 AM

By: Admin


In a case involving sexual harassment, Kozhikode Session Court ruled in  Civic Chandran @ C V Kuttan v State of Kerala that a woman's "sexually provocative apparel" would render Section 354A of the IPC inadmissible as evidence.

Session Court while considering the bail application stated that physical contact and advances involving uninvited and explicit sexual overtures must occur in order to attract this Section. A desire or request for sexual favours must exist. There must be comments with a sexual undertone. The images submitted with the bail application by the defendant show the de facto complainant wearing dresses with certain sexually suggestive elements (sic). Therefore, Section 354A will not be a strong argument against the accused.

The Court went on to say that it is inconceivable to think that Chandran, a physically challenged man in his 70s, could have abused the complainant sexually. Even if there was physical contact, it is inconceivable that a 74-year-old man who is physically impaired could drag the de facto complaint into his lap and touch her breast while doing so.

The prosecution claimed that Chandran sexually attacked the de-facto complainant while she was at a camp he organised. He allegedly grabbed her hand and led her to a remote location.

 

Download Judgment

 

Latest Legal News