Merely moving hand over back, head of minor girl without sexual intent is not outraging modesty: HC
Mumbai (PTI): Merely moving hand over the back and head of a minor girl without any sexual intent does not amount to outraging her modesty, the Nagpur bench of the Bombay High Court remarked while quashing the conviction of a 28-year-old man.
The case dates back to 2012 when the convict, then 18 years old, was booked on charges of outraging the modesty of a 12-year-old girl.
According to the victim, the accused had moved his hand on her back and head and commented that she had grown up.
The order was passed on February 10 and was made available on March 13.
A single bench of Justice Bharati Dangre, while setting aside the conviction, noted there was no sexual intent on the part of the convict and that his utterance indicate he had seen the victim as a child.
"In order to outrage the modesty of a woman, what is most important is having an intention to outrage the modesty. It is not the case of the prosecution that the accused did something more than what has been alleged, that is, moving his hand over the back and head of the victim.
"Neither the victim girl aged 12-13 years spoke of any bad intention on his part, but what she deposed is she felt bad or indicating some unpleasant act, which made her uncomfortable," the judge said in the order.
The HC further said the prosecution failed to produce any material to show there was a specific intention on part of the appellant to outrage the modesty of the girl.
"In absence of a specific intention being established by the prosecution to outrage the modesty, it is not understood as to how Section 354 has been invoked and even held to be proved, with the specific version that the victim was frightened at the accused touching her on her back and saying that she has grown up," the court said.
The utterance by the accused definitely indicates he had seen her as a child and, hence, he said that she has grown up, the bench added.
As per the prosecution, on March 15, 2012, the appellant, who was then 18 years old, visited the victim's house when she was alone to give some documents.
He then touched her back and head and said she has grown up, and the girl got uncomfortable and shouted for help, as per the prosecution.
The man, who was convicted by the trial court and sentenced to six months in jail, had filed an appeal against the order in HC.
In its order, the HC said the trial court had erred as the present case, prima facie, appeared to be an impromptu action with no sexual intent.
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Allahabad HC orders probe into 'reinstatement' of teacher in UP's Barabanki
Lucknow (PTI): The Lucknow Bench of the Allahabad High Court on Friday ordered a probe by the special task force (STF) into alleged irregularities in the rejoining of a teacher at City Intermediate College in Barabanki, observing that the reinstatement appeared to be prima facie illegal.
The court also directed the recovery of the salary paid to the teacher during the disputed period.
A bench of Justice Rajeev Singh passed the order on a petition filed by the college management committee. The court expressed doubts over the roles of the District Inspector of Schools (DIOS), Barabanki, the college principal and the teacher concerned and hence, directed a detailed inquiry into the matter.
Taking note of alleged manipulation of records and misleading submissions, the court ordered the immediate transfer of the Barabanki DIOS to ensure a fair probe. It also directed the initiation of disciplinary proceedings against the then joint director of education of the Ayodhya division.
In its order, the court found that the teacher, Abhay Kumar, was initially appointed as an assistant teacher in 2018 but joined an Eklavya Model Residential School in Chhattisgarh as a lecturer in June 2024 without obtaining permission from the management. His subsequent request to retain the lien was rejected.
Despite this, he was allowed to rejoin the Barabanki College in September 2025 on the directions of the joint director of education and the DIOS, and was even paid the salary for October 2025. The court termed the rejoining "wholly illegal" and lacking any legal basis.
The bench also expressed concern over lapses in communication within the education department and directed the Uttar Pradesh chief secretary to ensure that official orders are communicated through email and WhatsApp as well, to prevent disputes.
The matter is next listed for hearing on May 28 when a compliance report is sought.
