Trial court and High court accepted this contention but Hon’ble Supreme Court said that yes, the modesty is based on her sex but that modesty is with every woman from her birth.It was argued on his behalf that this won’t attract IPC section 354 because a child of 7.5 month is not capable of developing a sex instinct so she doesn’t have any concept of modesty which could be outraged.And performed indecent act of unnatural lust by ‘fingering the vagina’ of 7.5-month old girl. Major Singh (AIR 1967 SC 63), the accused went into a room, switched off the lights, stripped himself naked. State of Bihar (now Jharkhand), (2006) ) Does a girl who has not gained puberty and not developed a sex instinct has a concept of modesty? Modesty of a woman is a virtue attacked to a woman owing to her ‘sex’ Section 10 defines ‘Man’ and ‘Woman’ as a male and female human being respectively of any age.
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