Judgement: Rupan Deol Bajaj vs. K.P.S.Gill (Landmark Case)

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Rupan Deol Bajaj vs. K.P.S.Gill
Rupan Deol Bajaj vs. K.P.S.Gill

Case Name – Rupan Deol Bajaj vs. K.P.S.Gill

Citation no: 1996 AIR 309, 1995 SCC (6) 194

Bench:  

  1. K.Mukarjee
  2. S.Anant

Introduction:

This is famously known as “The Butt Slapping Case”. This was one of the most criticised high profiled cases. The last decision came in 2005 which ultimately reduce the punishment to probation. An opinion can be formed from this case about the lenient judicial procedure towards the high elites of the society.

 

Facts of the case:

  1. Rupal Deol Bajaj was an IAS Officer belonging to Punjab Cadre. She lodged a FIR against Mr.KPS Gill the Director General of Police u/s 341,342.352,354 and 509 of IPC.
  2. On the said date, in the party of KPS Gill the accused around 10.pm walked across a group of ladies and joined them. After sometime some of the ladies started leaving and going into the house. The victim didn’t notice that Mr.KPS Gill was misbehaving with them.
  3. KPS Gill then called the victim to talk about something. On realisation by victim a out of order behaviour by Gill, she avoided going.
  4. After a while Gill reached out to her amongst the other ladies who were sitting together and ordered her in an obnoxious manner to get up and come along. She resisted and turned back and started leaving, when he slapped her back.

 

Issues:

The only moot point is that weather the allegations constitute any of the offences mentioned?

 

 

Judgement:

  1. In 1998 the High Court of Punjab and Haryana Gill booked Gill u/s 354 i.e. outraging modesty of a women and u/s 509 i.e. an act, word, gesture intended to insult a lady.
  2. He was sentenced for rigorous imprisonment for 3months and simple imprisonment for 2months along with fine of Rs.200000.
  3. Appeals were made into Supreme Court of India wherein the punishment was turned into probation in 2005.

 

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