Sentence Reduced from Two Years to One Year for Convicted Driver in Minor Girl's Modesty Outrage Case
In a notable judgment, the Calcutta High Court, Circuit Bench at Jalpaiguri, has upheld the conviction of Shyama Mondal, a driver accused of outraging the modesty of a 14-year-old girl. The court, however, reduced the sentence from two years to one year of rigorous imprisonment, taking into account the circumstances of the case.
The incident dates back to August 23, 2014, when Mondal, responsible for transporting students to the Army Public School in Siliguri, allegedly outraged the modesty of the victim, who was alone in his pool car. The victim reported the incident to her school authorities immediately, leading to the filing of an FIR by her father.
The trial court had initially sentenced Mondal to two years of rigorous imprisonment under Section 354 of the Indian Penal Code (IPC) and imposed a fine of Rs. 10,000, with an additional six months of imprisonment in case of default. Dissatisfied with the ruling, Mondal appealed to the High Court.
Represented by Mr. Satarudriya Mukherjee, the defense argued that Mondal was falsely implicated due to personal vendettas and highlighted discrepancies in the prosecution's case, including the absence of testimony from school officials and non-seizure of the victim's clothing.
However, the High Court, led by Justice Apurba Sinha Ray, found the evidence sufficient to establish the use of criminal force to outrage the victim's modesty. The court dismissed the defense's arguments, emphasizing the reliability of the victim's immediate reporting and testimony.
The court acknowledged minor discrepancies in the victim's statements but ruled them non-fatal to the prosecution's case. The judgment highlighted that such discrepancies should not overshadow the testimony of a tender-aged victim.
While upholding the conviction, Justice Ray deemed the original sentence of two years excessively harsh, given that the accused ceased his actions following the victim's resistance. Consequently, the sentence was reduced to one year of rigorous imprisonment, maintaining the fine and default imprisonment clause.
The High Court instructed Mondal to surrender before the trial court within a month to serve the remaining sentence and affirmed the trial court's judgment with the modified sentence.
Bottom Line:
Conviction under Section 354 IPC upheld for outraging modesty of a minor girl - Sentence reduced from two years to one year of rigorous imprisonment considering the circumstances of resistance and cessation of act by the accused.
Statutory provision(s): Indian Penal Code, 1860 Section 354, Protection of Children from Sexual Offences (POCSO) Act, 2012 Section 12, Code of Criminal Procedure Section 313, Section 164.
