Kerala Excessive Courtroom Says Mere Uttering Of Disagreeable Phrases Towards Girl Not Insult To Modesty

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Kerala Excessive Courtroom Says Mere Uttering Of Disagreeable Phrases Towards Girl Not Insult To Modesty

Kochi:

The Kerala Excessive Courtroom has quashed a legal case towards movie director Sreekumar Menon who was accused by a outstanding Malayalam actress of abusing and defaming her, saying that mere utterances of disagreeable phrases towards a girl wouldn’t lead to insult to her modesty.

The order by Justice S Manu got here on the plea by Menon, who’s the director of the 2018 Indian Malayalam-language fantasy drama movie ‘Odiyan’ starring Mohanlal.

The feminine actor had alleged that the director had engaged in defaming her in the course of the taking pictures, promotion and launch of the movie ‘Odiyan’ by which she too had a task.

She had additionally alleged that he behaved in an indecent method together with her and mentally harassed her on the taking pictures areas.

She later claimed that Menon additionally used abusive phrases towards her in entrance of individuals at Dubai airport.

Based mostly on her criticism, an FIR below sections 354D (stalking), 294(b) (use of obscene phrases in a public place) and 509 (phrase, gesture or act supposed to insult the modesty of a girl) of the IPC was lodged towards Menon in 2019 and the case was pending earlier than a magisterial courtroom after the police accomplished its investigation.

Based on the actor, Menon used abusive phrases and tried to defame her as a result of a grudge towards her for terminating an settlement she had together with his firm for coordinating the actions of her basis.

Rejecting her contentions, the excessive courtroom stated the offence of stalking was not made out as “following a girl to abuse or threaten won’t fall throughout the scope of the penal provision”.

It additionally held that the offence below part 294(b) won’t be attracted within the case despite the fact that the phrases utilized by Menon towards the feminine actor at Dubai airport “could also be defamatory and might need harm the complainant”.

The excessive courtroom additional stated that the offence below part 509 shall be made out provided that the obscene phrases have been uttered with the intention to insult the modesty of a girl or intrude upon her privateness.

“Mere utterances of disagreeable or abusive phrases with out an intention both to insult the modesty of the ladies or to intrude upon the privateness of such girls wouldn’t entice the offence below part 509 of the IPC,” it stated.

The HC stated that within the instantaneous case, Menon had via Fb and over telephone, allegedly abused the feminine actor in a fashion inflicting disrepute to her and outraged her modesty.

“When the allegations within the remaining report relating to the offence below Part 509 of IPC are examined, preserving in thoughts the ideas laid down by this courtroom within the aforementioned selections, the inevitable conclusion is that the accusations will not be adequate to represent the offence…,” it stated.

The excessive courtroom quashed the ultimate report of the police within the case and the proceedings earlier than the magisterial courtroom. 

(Apart from the headline, this story has not been edited by EDNBOX workers and is printed from a syndicated feed.)

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