119
Ld. Special PP at the time of argument relied a citation reported
in AIR 1973 SC 2622 : 1973 Cr LJ 1783 ; 1992 Cr LJ 238 where it was
held that “Damages of exaggerated devotion to the rule of benefit of
doubt at the expense of social defence. The doctrine of reasonable
doubt not to be stretched morbidly to embrace every hunch,
hesitancy and degree of doubt” and (1978) 4 Supreme Court Cases
161 where it was held that “Proof beyond reasonable doubt is the
guideline, not a fetish and guilty men cannot get away with it
because truth suffers from some infirmity when projected through
some human resources”.
Section 354 A of the Indian Penal Code states Sexual harassment and punishment for sexual harassment:
1. A man committing any of the following acts—
i. physical contact and advances involving unwelcome and
explicit sexual overtures; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks, shall be guilty of the
offence of sexual harassment.
2. Any man who commits the offence specified in clause (I) or
clause (ii) or clause (iii) of sub-section (I) shall be punished with
rigorous imprisonment for a term which may extend to three years, or
with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of
sub-section (I) shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.
In this case this court finds that the accused Animesh Boxi had
demanded some personal photoes of victim but she did not agree and
then the accused used to tell her sentimental words and used to show
her annoyance and as she used to love him and believed him and so
she gave him personal moments pictures and after that the accused
used to tell her to go for outing with him but she did not agree to this
and then the accused told her that he would publish her personal
private photoes in the social media and then she took some nude
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