Justice Rakesh Kainthla, Himachal Pradesh High Court 

While upholding the conviction of an accused under Section 354 of the Indian Penal Code (IPC), the Himachal Pradesh High Court has affirmed the view that the act of the accused of offering money to the victim, catching hold of her hand and asking her to go to the jungle proved that he had outraged her modesty.

The High Court was considering a revision directed against the judgment passed by the Additional Sessions Judge vide which the judgment of conviction and order of sentence were upheld.

The Single Bench of Justice Rakesh Kainthla held, “Learned Courts below had rightly held that the act of the accused of offering money to the informant, catching hold of the informant's hand and asking her to go to the jungle proved that the accused had outraged the informant's modesty.”

Senior Advocate N.S. Chandel represented the Petitioner, while Additional Advocate General P.K. Nadda represented the Respondent.

Factual Background

The police had presented a chargesheet before the Trial Court against the accused for the commission of an offence punishable under Section 354 of the Indian Penal Code (IPC). It was asserted that the informant had gone to the jungle to fetch grass and while returning home she was stopped by the accused. The accused told her to take ₹100 and accompany him to the jungle. He caught hold of the informant’s hand. The informant shouted for help. Basant Ram (PW3) and his wife Barfi Devi (PW2) reached the spot. The accused ran away after seeing them. The informant narrated the incident to her husband at home and the matter was reported to the police.

Reasoning

The Bench noted that the matter was reported to the police on the same day and the FIR mentioned the details of the incident as were narrated by the informant. “The learned Courts below had rightly held that a promptly lodged FIR corroborated the informant’s testimony”, it added.

Considering that the accused caught hold of the informant’s hands, offered her ₹100 and asked her to accompany him to the jungle, the Bench held, “All these circumstances would shock the sense of decency of a woman and the learned Courts below had rightly held that the accused had outraged the informant's modesty. ”

The Bench further held that the Appellate Court had rightly held that the offences involving women are on the rise and a deterrent view has to be taken.

Dismissing the Petition, the Bench held that the sentence of one year could not be said to be excessive.

Cause Title: Punnu Ram v. State of H.P. (Neutral Citation: 2026:HHC:47931)

Appearance

Petitioner: Senior Advocate N.S. Chandel, Advocate Sidharth

Respondent: Additional Advocate General P.K. Nadda

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