Sexting in consensual relationship won't amount to insulting modesty of woman: Mumbai Court
Mumbai: A Mumbai Court recently acquitted a man who was pressed charges under insulting the modesty of a woman under Section 509 of the IPC for sending sexually explicit messages to a woman and observed that sending sexually explicit messages to a woman whom the accused was proposing to marry and who had not raised any objection to the same at the relevant point of time, will not amount to insulting her modesty.
Additional Sessions Judge DD Khoche noted that the woman had not objected to the messages from the accused at the relevant time.
“Sending such messages in such a premarital period, may delight the other one. It may give the happiness, may give the feeling that someone is closer to him or her, to understand his/her emotions,” the Court observed.
The accused Jignesh Chandulal was booked in 2010 under Sections 509 (outraging modesty), 376 (rape), and 420 (cheating) of the IPC.
The complainant woman had reportedly met Jignesh on a matrimonial site in 2007 and despite the opposition of Jignesh’s mother, the woman had started living with him and had tried to marry him. Eventually, there were quarrels between the accused and the complainant and the marriage between the two could not take place.
Feeling deceived, the woman lodged a complaint against the accused. Initially, he was charged for insulting modesty of woman under Section 509 IPC and cheating under Section 420 IPC besides provisions of Dowry Prohibition Act.
Subsequently, the charge of rape was added on the ground that the man had sexual relationship with the woman by giving false assurance of marriage.
The Court said if the woman did not like the accused sending her sexually explicit messages, she should have conveyed it to the accused and he might not have repeated the same.
"The purpose of it, was to put up his expectation before her, to arouse her with similar feeling of sex, which may give the happiness even to her etc. However, in no way those such SMSs can be said as were sent to insult her modesty. There does not find such intention in sending such SMSs. Had there been such intention, the words could have reflected the same," the order stated.
The Court also nulled the charges of rape against the accused adding that the sexual relationship between the two parties was not forceful and was consensual. “It was the sexual relationship which had taken place by both the major parties at their own wish to experience the sex prior to the marriage,” it noted asserting that the case was not that of false promise of marriage.
"But it was the quarrel on the ground of stay after marriage and thereafter, by getting tired of his indecisiveness and getting surrendered before his mother’s wish and failing to handle and tackle the problem stood before him in a proper manner, he came back. …it is certainly not the case of a false promise of marriage. Rather it is the case of his failure to make substantial efforts,” the order said.
“Even after respecting the emotions of the informant, respecting her fighting for justice for a long period of near about 11 years or more, this Court is of the humble opinion that this is not the case which would show that the offence of rape has been committed by accused,” the order stated.
The Court also said that the issue between the two parties seemed to have been regarding the place of residence post-marriage since his mother seemed to have opposed the idea of the accused and complainant living separately.
Judge Khoche opined that the accused having been brought up by his mother for at least 20-25 years, could not have denied her wish at once or strongly opposed, and had love, affection and bonding with her.
In the present case, the accused being a young person may not have been ready to leave the bride and at the same time, felt bound to his mother’s consent.
“It is usual practice in Hindu tradition that all members in family reside together. Even the new bride, who comes after the marriage at her in-laws house, does not start to stay separately with her husband, immediately, but follows the tradition as far as possible or at least for year or some months to stay together with in-laws. Therefore, it is also a tradition in Hindu families that while fixing the marriage, the groom and bride seek consent of their relatives or at least family members,” Judge Khoche said in the order.
The Court, therefore, acquitted the man of all charges.
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Second batch of Dasara elephants arrives in Mysuru, training for grand finale intensifies
Mysuru : Mysuru welcomed the second batch of five Dasara elephants, including three debutants, on Monday evening. Their weights were recorded Tuesday morning at the 60-year-old lorry weighing bridge on Dhanvanthri Road, as reported by Deccan Herald.
Among them, 43-year-old Sugreeva from Dubare camp topped the scales at 5,545 kg, followed closely by 56-year-old newcomer Srikanta from Matthigodu camp of Nagarahole Tiger Reserve at 5,540 kg. Gopi (42) from Dubare camp weighed 4,990 kg, while debutant Roopa (44) from Bheemanakatte camp registered 3,320 kg. The youngest, Hemavathi (11) from Dubare, weighed 2,440 kg.
This second batch has joined the first group of nine elephants : Abhimanyu, Lakshmi, Kaveri, Bheema, Mahendra, Ekalavya, Prashantha, Dhananjaya, and Kanjan , for daily training sessions.
On Tuesday morning, all 14 elephants marched in perfect formation along the Jamboo Savari procession route (Raja Marga), from Mysuru Palace’s North Gate to Government Ayurveda College Circle. Spectators thronged the streets to photograph and record the majestic sight. Forest officials, police, and a metal detector-equipped escort vehicle accompanied the herd to ensure safety.
With 36 days left until the iconic Dasara Jamboo Savari on October 2, training will now intensify. The elephants are currently being acclimatised to the procession route, both in daylight and under evening lights. Upcoming sessions will include familiarisation with cannon fire, participation in royal family rituals, and practice with wooden howdahs weighing as much as the 750-kg golden howdah carried by Abhimanyu for the past five years.
To build stamina, the elephants are on a special diet of boiled rice with pulses, vegetables, and butter before and after training, supplemented with paddy, coconut, jaggery, groundnut cake, sugarcane, and fresh fodder during the day.
The first batch of nine elephants arrived on August 4 after the traditional Gajapayana send-off from Veeranahosahalli near Nagarahole Tiger Reserve and were welcomed at Mysuru Palace.
