A magistrate court in Mumbai has acquitted two youths in a 2011 case of outraging modesty of a woman as the woman did not testify before the court.
According to the police complaint filed by Nehali Lalgi on March 8, 2011, she said one afternoon when she was passing by Anjum Islam High School's, DN Road's main gate, one of the youths caught hold of her hand, while his friend stood beside him. The woman’s friends came to her rescue and in the scuffle that took place, her friend was hurt on his palm with a knife by the youths.
Metropolitan Magistrate NN Joshi said in his judgment that in view of the nature of charges against the accused it is the prime duty of the prosecution to examine the victim/informant and while it tried its best to secure her presence, it failed to do so.
The court said that "certainly only the person who is ashamed by the act of the accused by which she feels her modesty is outraged is the best piece of evidence to sustain the charge." It said that in the absence of her evidence the charge cannot sustain.
Regarding the charge of intentionally causing hurt, the court said that though the injury certificate is collected by the police, unless the medical officer who treated the person is examined, it cannot be considered. It said further that the evidence of prosecution witnesses is not consistent with the exact occurrence of the incident and does not inspire confidence. It also said that there is no evidence of threats given to the informant, to sustain the charge of criminal intimidation.
