In an unusual case that came before it for hearing, Gujarat high court observed that unrinating in the open may be an indecent act but it certainly does not amount to outraging the modesty of a woman.With this comment, Justice JB Pardiwala dropped Section 354 of the IPC against one Shyam Sundar Dhobi and a lawyer, Chetan Gore, from Vadodara. A tea vendor, Us haben Ode, had accused Dhobi of attempting to outrage her modesty by urinating near her tea stall in Vadi area of Vadodara.
The court, however, said that peeing in the open on a public road even during a physical emergency is an indecent act but it does not cause harm in any manner and is not an attempt to outrage the modesty of a woman as had been alleged by the tea vendor.The incident took place in June last year when Dhobi went to visit his advocate, Gore, in hospital.The lawyer's mother was hospitalized for treatment of a cardiac ailment. Dhobi came, parked his bike near the tea stall, and urin ated there on the road. The tea vendor took exception to Dhobi's action. Within no time, arguments between the two resulted in a squabble as supporters from both the sides thronged the spot.
The matter reached the police station and the cops booked Dhobi, advocate Gore and his minor son, Sagar, under various charges including Section 354 of the IPC because the man had urinated in the open in front of a woman.
After hearing the case, Justice Pardiwala dropped Section 354 of the IPC from the complaint. The court exonerated the advocate's minor son in the case and permitted the local police to go ahead with investigation regard the other charges of assault and issuing a threat.
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The court, however, said that peeing in the open on a public road even during a physical emergency is an indecent act but it does not cause harm in any manner and is not an attempt to outrage the modesty of a woman as had been alleged by the tea vendor.The incident took place in June last year when Dhobi went to visit his advocate, Gore, in hospital.The lawyer's mother was hospitalized for treatment of a cardiac ailment. Dhobi came, parked his bike near the tea stall, and urin ated there on the road. The tea vendor took exception to Dhobi's action. Within no time, arguments between the two resulted in a squabble as supporters from both the sides thronged the spot.
The matter reached the police station and the cops booked Dhobi, advocate Gore and his minor son, Sagar, under various charges including Section 354 of the IPC because the man had urinated in the open in front of a woman.
After hearing the case, Justice Pardiwala dropped Section 354 of the IPC from the complaint. The court exonerated the advocate's minor son in the case and permitted the local police to go ahead with investigation regard the other charges of assault and issuing a threat.
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