“Touching any part of the body of a woman without her consent that too in the dead hour of the night by a stranger amounts to violation of modesty of a woman," the Court said.
It also placed reliance on precedents to hold that the ultimate test for ascertaining whether the modesty of a woman has been outraged is whether an act could be perceived as “one which is capable of shocking the sense of decency of a woman."
In the instant case, the Court noted that the accused was sitting at the feet of the victim on her cot and had touched her feet.
“This behaviour smacks of sexual intent. Otherwise, there was no reason for the accused to be in the house of the victim at such an odd hour of the night...The accused was capable of shocking sense decency of any woman,” the order stated.
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