Man gets booked for showing middle finger to a woman

In a recent judgment, a court has found a man guilty of making gestures at a woman with his middle finger along with making facial expressions. The court, while pronouncing the judgment, has observed that such gestures undoubtedly amounts to making expressions insulting the modesty of a woman. The accused, who is the brother-in-law of the complainant, is now looking forward to a punishment of three years in jail and fine. The case was filed by the complainant alleging that her brother-in-law had shown her his middle finger and had passed lewd remarks while also hurting her physically. Following which an investigation was conducted by the police and the accused was booked under sections 509 (word, gesture or act intended to insult modesty of a woman) and 323 (punishment for voluntarily causing hurt) of the Indian Penal Code, 1860. Thereafter, charges were framed against the accused, who pleaded not guilty and requested the court to go ahead with the trial. During the trial, the complainant was examined along with three other witnesses. The complainant, in her testimony, reiterated the allegations made by her and also accused the brother-in-law of slapping her. However, the accused opposed all the allegations made by the woman on the ground that the complaint was a result of a property dispute and sought examination of her sister in defence, who testified in the court claiming that the accused was at home the entire day and the complaint filed by the woman is false. The court, while taking note of the medico-legal case (MLC) of the woman which stated that there was a “ linear bruise” , held that the woman's testimony is supported by the MLC. Moreover, the court did not find any evidence supporting the claim of the accused about the property dispute. It also rejected the testimony of the sister of the accused who claimed her brother to be at home while she was not at the time of the incident. On the finding that all the elements against the accused were proved beyond reasonable doubt, the court convicted the accused and adjourned the matter to hear arguments on the quantum of sentence on Tuesday.