APHC010176392022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3273/2022 Between: Y. Phebesara ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. V SAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner/De facto Complainant, seeking quashment of the docket order dated 12.03.2022 passed in C.C.No.264 of 2022 on the file of the Court of Additional Judicial Magistrate of First Class, Markapur, Prakasam District imposing fine alone for the admitted guilt of Respondent Nos.4 to 7. 2. Heard Sri V.Sai Kumar, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent No.1. 2 3. Inspite of service of notice on Respondents/Accused, none appeared on their behalf. 4. Learned counsel for the Petitioner would submit that the learned Magistrate while convicting the Accused for the offence punishable under Section 509 of IPC,on their own admission, sentenced them to pay fine of Rs.1,000/- each, which is not in accordance with law. Learned counsel would further submit that the offence under Section 509 IPC is punishable with imprisonment upto three (03) years and fine, but the learned Magistrate has imposed fine alone, which is not sustainable under law. 5. Learned Assistant Public Prosecutor also supported the arguments of learned counsel for the Petitioner. 6. For ready reference, it is beneficial to extract Section 509 of IPC:- “509. Word, gesture or act intended to insult the modesty of a woman: Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman,1 [shall be punished with simple imprisonment for a term which may extend to three years, and also with fine].” Subs. for “shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both” by Act 13 of 2013, w.e.f. 3-2-2013. 7. In the light of the legal provision referred to supra, there cannot be any dispute about the fact that when the offence under Section 509 of IPC is committed after the amendment which came into effect by Act 13 of 2013, w.e.f. 03.02.2013, the offence is punishable with imprisonment upto three (03) 3 years and fine. In the instant case, the accused appeared before the trial Court and voluntarily admitted their guilt. On such admission, they were convicted for the offence punishable under Sections 323, 506 and 509 read with 34 of IPC and sentenced to pay fine of Rs.1,000/- each. However, the Accused in the present case, said to have been committed the alleged offence on 30.12.2021, which is much subsequent to the commencement of Act 13 of 2013, dated 03.02.2013. In view of the said amendment, the Accused herein shall be punished with imprisonment as well as fine, but not with fine alone. In that view, the impugned order brooks interference of this Court, since it is not in accordance with law. 8. In that view, the Criminal Petition is allowed by setting aside the docket order dated 12.03.2022 passed in C.C.No.264 of 2022 on the file of the Court of Additional Judicial Magistrate of First Class, Markapur, Prakasam District regarding the sentence imposed for the offence under Section 509 of IPC and the matter is remanded to the trail Court for a fresh consideration regarding the sentence. Learned trial Judge may issue notice to the Accused to secure their presence before the Court and pass appropriate sentence after hearing them, according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date:04.02.2025 SCS 4 139 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3273 of 2022 DATE:04.02.2025 SCS