Anuradha Kshirsagar & Anr. vs State of Maharashtra & Ors.

Anuradha Kshirsagar & Anr. vs State of Maharashtra & Ors.

Author : Neha Singh

Citation: 1991 CriLJ 410

Bench: Justice M Ratnaparkhi

INTRODUCTION

In this case the court held that the respondent liable for offence under section 506 instead of 509 of IPC but also in lieu of the sentence it was directed that the respondent shall be released on due admonition under section 3 of Probation of Offenders Act considering the background of the circumstances, namely status of the accused and the status of the complainants.

FACTS

This was an appeal against the order of acquittal passed additional session judge of Akola. The appellant along with other ladies were the teachers working under Zilla parishad Akola. A meeting was convened by assistant education officer with the teachers. While the meeting was going on the accused interrupted and was standing outside the hall in which the meeting was being held. It is alleged that the accused made a request of addressing the meeting which was not accepted, the accused wanted the lady teachers come outside the hall so that the meting could not continue. Since the lady teachers did not left their seats, he uttered some words that disturbed their mental peace. It was contented that the accused uttered those words to outrage the modesty of the lady teachers. The conviction made by magistrate held the accused punishable under section 509 of IPC and sentenced to simple imprisonment of 2 months and fine of Rs. 200/- or default simple imprisonment of 1 month. The order was challenged by accused, the additional session judge came to the conclusion that the offence was not punishable under section 509 of IPC and quashed that conviction order of the Magistrate. This order of acquittal has been challenged in this appeal.

ISSUES

Whether the accused is punishable under section 509 of Indian Penal Code (IPC)?

JUDGEMENT

The appeal was partly allowed and convicted that respondent under Part I of section 506 of IPC. It was also directed that respondent shall be released on due admonition under section 3 of Probation of Offenders Act. However, the respondent shall pay Rs. 100/- to each appellant as compensation within a month.