Supreme Court of India
Main Pal v. State of Haryana
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What the Court ordered
We are of the view that there should be a new trial after charging him with the offerice of outraging the modesty of Sheela Devi.
Judgment, page 20
From the headnote
Penal Code, 1860 - ss. 452 and 354 - Code of Criminal Procedure, 1973 - ss. 211, 212, 215 and 464 - Accused charged with having entered the house of PW1 and assaulting her with intent to outrage her modesty - Evidence however indicated that accused assaulted PW1 's daughter in-law to outrage her modesty - Whether accused could be punished, for assaulting and outraging the modesty of PW1 's daughter-in-law', even though he was not charged with any offence with reference to PW1 's daughter-in-law', on the ground that the error or omission in the charge did not prejudice the accused or result
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