Court denies probation citing seriousness of the crime against teenage victims, emphasizes need for societal order
The Gujarat High Court, presided by Justice Ms. Nisha M. Thakore, has upheld the conviction of Rajeshbhai Ashokbhai Gohel (Luhar) and his accomplice for outraging the modesty of a woman under Section 354 of the Indian Penal Code. The court dismissed the revision application filed by the accused challenging their conviction and sentence, which was previously reduced to one year of simple imprisonment by the Sessions Court.
The incident dates back to December 27, 2008, when the primary victim and her cousin were harassed by the accused while fetching water from a village Gaushala. Despite the lack of independent witnesses due to the isolated location and dense winter mist, the court found the consistent and reliable testimony of the victims sufficient for conviction. The defense's arguments regarding identification issues, delays in filing the FIR, and lack of independent witnesses were rejected by the court.
Emphasizing the gravity of the offense, the court denied the benefit of probation to the accused, citing the need for exemplary punishment in crimes against women to maintain societal order. The court referenced significant Supreme Court judgments that highlight the importance of stringent punishment for crimes of moral turpitude, especially those against women and minors.
The judgment reflects the court's stance that crimes against women, particularly involving minors, warrant severe repercussions to deter similar offenses and uphold societal values. The accused have been directed to surrender to the jail authorities within eight weeks, failing which non-bailable warrants will be issued.
Bottom line:-
Section 354 IPC - Conviction upheld against accused for outraging the modesty of a woman based on reliable and consistent testimony of victims despite lack of independent witnesses due to isolated location and winter mist.
Statutory provision(s): Indian Penal Code Section 354, Indian Penal Code Section 504, Indian Penal Code Section 114, Probation of Offenders Act, 1958 Section 4
Rajeshbhai Ashokbhai Gohel (Luhar) v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2942494
