STATE OF PUNJAB versus MAJOR SINGH

STATE OF PUNJAB versus MAJOR SINGH

The appeal was allowed: s. 354 IPC applies where a deliberate act done to a female is clearly suggestive of sex according to common notions of mankind and the accused's intention or knowledge to outrage modesty can be inferred from such deliberate conduct; the victim's young age or lack of reaction does not...

Source-derived case information.

Parties
Appellant: State of Punjab; Respondent: Major Singh
Jurisdiction
India
Judgment Date
28 April 1966
Procedural Posture
Criminal Appeal / Appeal From the Judgment and Order Dated May 31, 1963 of the Punjab High Court in Criminal Appeal No. 1023 of 1962
Outcome
Appeal allowed; conviction altered to one under s. 354 IPC.
Legal Topics
Section 354 IPC, Outraging Modesty, Age of Victim, Criminal Force, Relevance of Victim's Reaction
Criminal Law Indian Penal Code Section 354 IPC Outraging Modesty Age of Victim Criminal Force Relevance of Victim's Reaction

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Parties

State of Punjab

Appellant

Major Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Judgment and Order Dated May 31, 1963 of the Punjab High Court in Criminal Appeal No. 1023 of 1962

Legal Issues

  1. 1 Whether causing injury to the private parts of a female child of seven and a half months constitutes an offence under s. 354 Indian Penal Code (outraging the modesty of a woman) and what is the relevancy of the victim's age and reaction

Ratio Decidendi

The appeal was allowed: s. 354 IPC applies where a deliberate act done to a female is clearly suggestive of sex according to common notions of mankind and the accused's intention or knowledge to outrage modesty can be inferred from such deliberate conduct; the victim's young age or lack of reaction does not automatically preclude application of s. 354. The respondent's deliberate interference with the seven and a half month old child's vagina amounted to intention to outrage modesty and therefore supports conviction under s. 354 IPC.

Court Disposition

Appeal allowed; conviction altered to one under s. 354 IPC.

Orders

  • Conviction of the respondent altered to one under s. 354, Indian Penal Code.
  • Respondent sentenced to rigorous imprisonment for a term of two years.